Regulation Can’t Prevent the Next Financial Crisis

For all of you following the banking crises in the US and Europe, and asking why this is all happening again, I have bad news: Regardless of what laws are passed, or which regulations are issued, banking crises will recur — and not infrequently.

It makes sense to try to limit and prevent these crises, and the systemic reforms the US and EU mandated more than a decade ago were appropriate. But there’s only so much that can be done. Part of the reason stems from nature of regulation itself. And part of it is that more restrictions imposed on banks will inevitably lead to more financial intermediation taking place outside the banking system.

Consider the classic banking model, in which liquid liabilities are used to fund relatively illiquid, hard-to-value assets, such as loans to businesses. This discrepancy between the qualities of the assets and liabilities is why banks are needed in the first place. It is also what makes banks so hard to regulate: If the value of bank assets is not entirely transparent to the marketplace, it won’t be fully transparent to regulators either, or for that matter to depositors.

One approach to this challenge is to limit banks to “safer” assets and to impose capital requirements. These are good ideas, but they don’t solve the problem. For one, if banks are limited to safer assets, that will tend to make them less profitable in normal times and bring them closer to insolvency in troubled times.

For another, an effort to make banks safer can effectively push risk into other sectors of finance. It can move into money market funds, commercial credit lenders, fintech, insurance companies, trade credit, and elsewhere. These institutions are generally less regulated than are banks and don’t have the same kind of direct access to the Federal Reserve’s discount window.