Dodd-Frank Wall Street Reform
and Consumer Protection Act
of 2010
promotes stability in the
fi nancial system by improving
accountability and transparency,
and provides increased consumer
protection
60
C H A PT E R 3 Banks and Other Financial Institutions
The Federal Savings and Loan Insurance Corporation (FSLIC) had insured the deposits
of most S&L depositors since the early 1930s. However, because of the number and size of the
S&L failures, the FSLIC was bankrupt by early 1988. As a result, the
Financial Institutions
Reform, Recovery, and Enforcement Act
(FIRREA) was passed in 1989. FIRREA provided for
the termination of the FSLIC and the formation of the Savings Association Insurance Fund
(SAIF). Also, the Offi
ce of Thrift Supervision (OTS) took over the regulation of S&Ls from
the Federal Home Loan Bank Board (FHLBB). The act also required S&Ls to commit more of
their assets to home loans, restricted S&Ls from holding junk bonds, and allowed commercial
banks to purchase S&Ls.
Congress created the Resolution Trust Corporation (RTC) in 1988 to take over and dis-
pose of the assets of failed associations by fi nding acquirers or through liquidations. For some
failed S&Ls, deposit transfers were made to sound organizations for a fee without requiring
the assumption of any of the defunct S&L’s poor-quality assets. Some risky assets of failed
S&Ls, such as junk bonds, were purchased at deep discount prices by the RTC and later
resold. Assets of failed S&Ls that acquiring fi rms did not want were disposed of by the RTC.
Congress shut down the RTC in 1995.
Commercial banks have suff ered some of the same diffi
culties as the S&Ls. However,
losses from international loans, agricultural loans, and from loans to the petroleum industry
have been more signifi cant for commercial banks—many banks had to be merged with other
banks. Savings banks and credit unions experienced some diffi
culties as well but to a lesser
extent.
Protection of Depositors’ Funds
As a result of bank “runs,” caused by many depositors trying to retrieve their deposited funds
at the same time during the late 1920s and early 1930s, insurance protection laws for deposits
at depository institutions were passed to restore the confi dence of depositors. The Federal
Deposit Insurance Corporation (FDIC) was created in 1933 to protect deposits in banks. This
was followed by federal legislation that created the Federal Savings and Loan Insurance Cor-
poration (FSLIC) and the National Credit Union Share Insurance Fund (NCUSIF) to protect
deposits in S&Ls and credit unions, respectively. Of course, as previously noted, the S&L
crisis of the 1980s led to the insolvency of the FSLIC and its replacement with SAIF, which
is now the insuring agency for S&Ls. Over the years the limitation on deposit account insur-
ance was increased until by 1980 it was set at $100,000 per account. Today, deposit account
insurance is $250,000 per account.
The pool of funds available to the FDIC for covering insured depositors is called the
Bank
Insurance Fund
,
which collects annual insurance premiums from commercial banks. Prior to
1991, all banks paid the same premium rate on their deposits. Thus, riskier banks were being
subsidized by safer banks. The
Federal Deposit Insurance Corporation Improvement Act of
1991 (FDICIA)
was enacted, in part, to address this problem. The FDICIA provided for diff er-
ences in deposit premiums based on the relative riskiness of banks.
One of the special problems of insuring bank losses has been the practice and assump-
tion that some banks are “too big to fail”; too big in the sense that the problems created by
losses may extend far beyond the failed bank. It is on this basis that depositors have typically
received 100 percent coverage of their funds even though coverage of only the fi rst $250,000
deposited is guaranteed by law. This practice tended to reduce the incentive for large depositors
to exercise market discipline and created an incentive for large deposits to be shifted to “too
big to fail” banks. Congress addressed this issue with the FDICIA, which generally requires
that failed banks be handled in such a way as to provide the lowest cost to the FDIC. Limited
exceptions, however, were provided if very serious adverse eff ects on economic conditions
could be expected as a result of failure of big banks.
There is little doubt that deposit insurance will continue to exist. It is also obvious that
changes will have to be made if we are to avoid future burdens on taxpayers resulting from
deposit insurance programs. Suggestions for solving these problems include eliminating all
deposit insurance, reducing insurable deposits limits to protect only the small deposits, levy-
ing higher premiums on depository institutions for the insurance, and having more strict reg-
ulatory and supervisory control.
3.6 Structure of Banks
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