Understanding The Volcker Rule: What All Prop Traders Should Know About The Bank Holding Company Act (2024)

Dan Schmidt

·4 min read

Earlier this month on CBS’s "60 Minutes," Federal Reserve Chairman Jerome Powell sat down for an interview with longtime correspondent Scott Pelley. While the interview was light on actionable investment advice, it did offer a unique look into the mindset of the 71-year-old chairman.

Powell was reluctant to celebrate a victory over inflation and noted his concerns over rising debt. The Fed’s tight money policy has echoed the era of Paul Volcker, who served as Fed chair from 1979 to 1987 and faced a similar task in defeating inflation. But Volcker’s tenure at the Fed isn’t why prop traders should know his name — it’s the banking rule that bears his moniker.

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Separating Speculation From Banking

The Bank Holding Company Act of 1956 was designed to prevent large national banks from taking market share from smaller local banks by defining which institutions could operate across state lines. The legislation gave the Federal Reserve more authority over the banking industry and has been altered several times. Still, prop traders will be interested in one of the more recent changes.

After the Great Recession, the Dodd-Frank Act implemented financial reforms that attempted to strengthen the United States’s financial plumbing. Dodd-Frank created several new federal offices, like the Consumer Financial Protection Bureau (CFPB), and altered several existing pieces of legislation. One of the Dodd-Frank reforms was attached to the Bank Holding Company Act, initially proposed by Volcker in 2010.

In a New York Times op-ed, Volcker questioned the role speculative trading played in the significant bank disruptions during the Great Recession. Appointed by President Barack Obama to his 2009 Economic Recovery Board, Volcker argued that too many banks (including the so-called Too Big To Fail institutions) engaged in risky investments and trading practices, few of which were in the best interest of the banks’ clients. According to Volcker, proprietary trading and complex derivative investments weren’t suitable for these institutions, which the public depended upon as a source of safety, not speculative excess.

Implementation And Criticism

Dodd-Frank officially adjusted section 13 of the Bank Holding Company Act, which was then nicknamed the Volcker Rule after its initial proposer. The Volcker Rule severely limited the types of speculative investments banks could make. Proprietary trading systems were to be shuttered, and risky bets using derivatives like collateral debt obligations (CDOs) were to be unwound. Additionally, bank investments with hedge funds and private equity were to be limited or prohibited altogether.

The Volcker Rule was hotly criticized by banks that didn’t want their investment options limited, but it went into effect in July 2015 and set dates for when banks needed to unwind their riskier trades. However, the backlash was swift, and many banks immediately began requesting extensions or loopholes to allow some types of riskier trading to occur.

Efforts to neuter parts of the Volcker Rule have been successful in recent years. In June 2020, the Federal Deposit Insurance Corp. (FDIC) voted to allow commercial banks to invest in venture capital funds. However, regulators did achieve their goals — commercial banks and proprietary trading went their separate ways as many of the industry’s most prominent traders left their banks to form hedge funds.

Commercial banks and proprietary systems may not mix, but plenty of other firms are still seeking top trading talent. Prop trading programs have become popular for experienced investors to get their feet wet in this field. For example, Trade The Pool’s Funded Trader Program provides paper capital to prospective traders for a small upfront fee and then offers tools, training and analysis to maximize profit potential. But remember — only the top traders will make it through the evaluation phase into the funded account phase.

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This article Understanding The Volcker Rule: What All Prop Traders Should Know About The Bank Holding Company Act originally appeared on Benzinga.com

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Understanding The Volcker Rule: What All Prop Traders Should Know About The Bank Holding Company Act (2024)

FAQs

Understanding The Volcker Rule: What All Prop Traders Should Know About The Bank Holding Company Act? ›

Understanding the Volcker Rule

What is the Volcker Rule in prop trading? ›

The Volcker Rule generally restricts banking entities from engaging in proprietary trading and from owning, sponsoring, or having certain relationships with a hedge fund or private equity fund.

Does Volcker Rule apply to bank holding companies? ›

The Rule not only impacts U.S. bank holding companies (“BHCs”) (including their broker-dealer and unregistered subsidiaries) and banks, but also foreign holding companies with either U.S. branches or U.S. bank subsidiaries, as well as nonbank bank or thrift holding companies (e.g., GE Capital) – and all of their ...

What is the Volcker Rule quizlet? ›

The Volcker Rule included in the Dodd-Frank Act prohibits banks from proprietary trading and restricts investment in hedge funds and private equity by commercial banks and their affiliates.

What are the objectives of Volcker Rule? ›

The Volcker Rule's purpose is to prevent banks from making certain types of speculative investments that contributed to the 2008 financial crisis.

Are banks allowed to prop trade? ›

However, there are restrictions against large banks engaging in prop trading, designed to limit the speculative investments that contributed the 2007-2008 financial crisis. White-collar crime is a nonviolent crime characterized by deceit to obtain or avoid losing money, or to gain a personal or business advantage.

Is prop trading illegal? ›

(a) Prohibition. Except as otherwise provided in this subpart, a banking entity may not engage in proprietary trading. Proprietary trading means engaging as principal for the trading account of the banking entity in any purchase or sale of one or more financial instruments.

What is the bank holding company rule? ›

A bank holding company could operate branches in multiple states. These branches could be considered independent banks and therefore in compliance with the law. Bank holding companies had another advantage—they could own nonbank firms, such as manufacturing, transportation, or retail businesses, in addition to banks.

Who is subject to Bank Holding Company Act? ›

The Bank Holding Company Act of 1956 (BHC Act) establishes the legal framework under which bank holding companies—that is, companies which own or control banks—operate and restricts the type of activities that these companies may conduct.

Where does Volcker Rule apply? ›

The Volcker Rule does apply to every foreign entity that directly or indirectly maintains a bank branch or agency in the United States, or controls a commercial lending company.

What is the Volcker Rule in simple terms? ›

The Volcker rule generally prohibits banking entities from engaging in proprietary trading or investing in or sponsoring hedge funds or private equity funds.

What did the Volcker Rule prevent? ›

This rule prevents banking institutions from making proprietary trades in most circ*mstances. The prohibition against proprietary trading applies not only to banks themselves but also to bank holding companies. Proprietary trading here is very broad, including almost all securities, derivatives, and futures.

What are covered funds under the Volcker Rule? ›

Loosely put, the Rule defines a covered fund as anything considered an investment company in the Investment Company Act, including private equity and hedge funds, as well as commodity pools with certain exclusions, and funds sponsored by a US banking entity where the affiliate holds ownership interests.

What is an example of the Volcker Rule? ›

It prohibits banks from engaging in proprietary trading, or from using their depositors' funds to invest in risky investment instruments. The rule also prohibits banks from owning or investing in hedge funds or private equity funds.

How much did Volcker raise rates? ›

The Federal Reserve board led by Volcker raised the federal funds rate, which had averaged 11.2% in 1979, to a peak of 20% in June 1981. The prime rate rose to 21.5% in 1981 as well, which helped lead to the 1980–1982 recession, in which the national unemployment rate rose to over 10%.

Which contains the Volcker Rule which prohibits depository banks from proprietary trading? ›

The Maloney Act contains the so-called Volcker Rule, which prohibits depository banks from proprietary trading.

Is The Volcker Rule still in effect? ›

Relaxation, 2020-present

On June 25, 2020, the Volcker Regulators relaxed part of the rules involving banks investing in venture capital and for derivative trading.

What is the super 23A Volcker Rule? ›

Super 23A: Permissible Low-risk Transactions with Related Funds. The Volcker Rule generally prohibits all covered transactions between a banking entity and a covered fund that it advises or sponsors (a “related fund”).

What happened to the Volcker Rule? ›

The Fed recognizes this and in January 2020, proposed a set of changes to the Volcker Rule. The rule changes were finalized by five federal agencies on June 25, 2020 and included tweaks and additions to what can be excluded from the definition of a covered fund.

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