skip navigation
Blog

Stay up to date on timely topics and market events. Subscribe to our Blog now.

REGULATORY
October 14, 2020

Major US Banks’ Oversight Unlikely to Change After Election

By Ivor Schucking, Sebastian Angerer

Stay up to date on timely topics and market events. Subscribe to our Blog now.

Our constructive secular view on major US banks is based on the following: (1) simpler, safer and stronger banks; (2) well-entrenched, lower-risk banking business models, and (3) a robust regulatory framework driven by Dodd-Frank in 2010. In contrast to being public enemy number one during the global financial crisis (GFC) in 2008/2009, banks have generally acted responsibly and have been transformed from being a problem to being part of the solution in dealing with the dire economic consequences of the current public health crisis. Despite considerable political noise by Trump to dismantle Dodd-Frank, the major US banks have been tightly regulated by the Fed with Dodd-Frank largely intact. Dodd-Frank as a response to the GFC has been the most meaningful enhancement to US bank regulation since the Great Depression and after more than a decade the regulatory jigsaw puzzle has largely been completed.

We believe that both Democratic and Republican policymakers will want to take a pragmatic approach toward the banks, ensuring that banks remain “safe,” but at the same time “confident to lend,” which requires a predictable and pragmatic regulatory outlook. This means we see little appetite for wholesale changes to the regulatory framework that would make us reconsider our constructive credit view on the sector. Instead, we think it’s more likely we’ll see politicians use their political capital to drive changes in sectors such as tech, health insurance and pharma/healthcare, which are much more at the center of the public debate.

Republicans and Democrats Share Overarching Goals When It Comes to Banking Regulation

As seen in almost all developed countries, we believe that both Democrats and Republicans share two overarching goals when it comes to bank regulation:

  • Avoiding another (politically dangerous and costly) financial crisis

  • Shifting losses in the event of a financial crisis from depositors and taxpayers to investors

Democratic and Republican policies toward the industry certainly differ below the headline policy level, with the gradual deregulation trend under the Trump administration slowing further if the Democrats win. Under a Biden presidency we also would expect higher corporate tax rates for banks and a somewhat tougher enforcement of existing rules and regulations. Joe Biden has not made financial regulation a cornerstone of his campaign. A Biden-led government could theoretically replace the regulatory heads of the Fed, FDIC, OCC and CFPB, but the current chairs have terms ending two to 12 years after the 2020 election. Clearly the most dramatic risks for bank investors would be an extremely progressive Treasury Secretary such as Elizabeth Warren and/or unlikely efforts to cap credit card interest rates or break up the major banks. That said, Biden was part of the administration that implemented the far-reaching and largely successful banking regulatory reform and as such, we do not expect dramatic changes to the rulebook if Biden wins.

Similarly, we don’t expect major changes to bank regulation if Trump is re-elected, either. Despite the Trump administration’s policy focus on deregulation, the relaxations to the rulebook have actually been quite modest for the biggest banks since his election given that the Fed held the line. In the case of a Republican win, we expect banking regulation to continue with a slight deregulation bias but we wouldn’t expect any major changes as policy focus will likely lie elsewhere.

Banks: From Casinos to Utilities

The journey from “casino to utility” banking business model has benefited most stakeholders, further reducing the desire for an overhaul of the regulatory framework. We view politically driven regulatory risks as relatively benign regardless of the election outcome, and believe the major banks are more concerned with the overall strength of the economy and level of interest rates than the winner of the upcoming election. The GFC exposed the new high-growth banking business model as high risk and unsustainable. This was evident after ambivalent regulation and light-touch oversight allowed banking to morph from a relatively simple industry into a casino-like business that emphasized size, scale, growth and diversification, along with opportunistic and transformational acquisitions. In the end this transformation ended very badly. Thus, investors, rating agencies, regulators, politicians, bank CEOs and taxpayers all have good reasons to support the less-risky banking business models.

Exhibit 1: Regulatory/Capital Reform for US Banks
Explore Regulatory/Capital Reform for US Banks
Source: CitiGroup. *The Basel III leverage ratio framework finalized by the BCBS is most closely aligned with the current US Basel III supplemental leverage ratio (SLR). Select the image to expand the view.
Exhibit 2: Bank Balance Sheets Have Grown Significantly Stronger
Explore Bank Balance Sheets Have Grown Significantly Stronger
Source: BNP Paribas. As of 28 Feb 19. Select the image to expand the view.

New Banking Model Shines Amid COVID-19

We believe that this new and tougher global regulatory regime has proven to be successful during the coronavirus crisis. Regulators across the world have shifted their energy from over-regulation to a more pragmatic approach, with a focus on banks supporting economic growth. This time the banks are part of the solution and not part of the problem—this is also thanks to the dramatic changes in the regulatory framework that have led banks on a decade-long back-to-basics journey. We see limited incentive and appetite for either Republicans or Democrats to meaningfully change this well-functioning regulatory framework.

© Western Asset Management Company, LLC 2024. The information contained in these materials ("the materials") is intended for the exclusive use of the designated recipient ("the recipient"). This information is proprietary and confidential and may contain commercially sensitive information, and may not be copied, reproduced or republished, in whole or in part, without the prior written consent of Western Asset Management Company ("Western Asset").
Past performance does not predict future returns. These materials should not be deemed to be a prediction or projection of future performance. These materials are intended for investment professionals including professional clients, eligible counterparties, and qualified investors only.
These materials have been produced for illustrative and informational purposes only. These materials contain Western Asset's opinions and beliefs as of the date designated on the materials; these views are subject to change and may not reflect real-time market developments and investment views.
Third party data may be used throughout the materials, and this data is believed to be accurate to the best of Western Asset's knowledge at the time of publication, but cannot be guaranteed. These materials may also contain strategy or product awards or rankings from independent third parties or industry publications which are based on unbiased quantitative and/or qualitative information determined independently by each third party or publication. In some cases, Western Asset may subscribe to these third party's standard industry services or publications. These standard subscriptions and services are available to all asset managers and do not influence rankings or awards in any way.
Investment strategies or products discussed herein may involve a high degree of risk, including the loss of some or all capital. Investments in any products or strategies described in these materials may be volatile, and investors should have the financial ability and willingness to accept such risks.
Unless otherwise noted, investment performance contained in these materials is reflective of a strategy composite. All other strategy data and information included in these materials reflects a representative portfolio which is an account in the composite that Western Asset believes most closely reflects the current portfolio management style of the strategy. Performance is not a consideration in the selection of the representative portfolio. The characteristics of the representative portfolio shown may differ from other accounts in the composite. Information regarding the representative portfolio and the other accounts in the composite are available upon request. Statements in these materials should not be considered investment advice. References, either general or specific, to securities and/or issuers in the materials are for illustrative purposes only and are not intended to be, and should not be interpreted as, recommendation to purchase or sell such securities. Employees and/or clients of Western Asset may have a position in the securities or issuers mentioned.
These materials are not intended to provide, and should not be relied on for, accounting, legal, tax, investment or other advice. The recipient should consult its own counsel, accountant, investment, tax, and any other advisers for this advice, including economic risks and merits, related to making an investment with Western Asset. The recipient is responsible for observing the applicable laws and regulations of their country of residence.
Founded in 1971, Western Asset Management Company is a global fixed-income investment manager with offices in Pasadena, New York, London, Singapore, Tokyo, Melbourne, São Paulo, Hong Kong, and Zürich. Western Asset is a wholly owned subsidiary of Franklin Resources, Inc. but operates autonomously. Western Asset is comprised of six legal entities across the globe, each with distinct regional registrations: Western Asset Management Company, LLC, a registered Investment Adviser with the Securities and Exchange Commission; Western Asset Management Company Distribuidora de Títulos e Valores Mobiliários Limitada is authorized and regulated by Comissão de Valores Mobiliários and Brazilian Central Bank; Western Asset Management Company Pty Ltd ABN 41 117 767 923 is the holder of the Australian Financial Services License 303160; Western Asset Management Company Pte. Ltd. Co. Reg. No. 200007692R is a holder of a Capital Markets Services License for fund management and regulated by the Monetary Authority of Singapore; Western Asset Management Company Ltd, a registered Financial Instruments Business Operator and regulated by the Financial Services Agency of Japan; and Western Asset Management Company Limited is authorised and regulated by the Financial Conduct Authority ("FCA") (FRN 145930). This communication is intended for distribution to Professional Clients only if deemed to be a financial promotion in the UK as defined by the FCA. This communication may also be intended for certain EEA countries where Western Asset has been granted permission to do so. For the current list of the approved EEA countries please contact Western Asset at +44 (0)20 7422 3000.