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 understanding? ›

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

What is proprietary trading under the Volcker Rule? ›

The Volcker rule prohibits banks from engaging in proprietary trading activities. Proprietary trading is defined by the rule as a bank serving as a principal of a trading account in buying or selling a financial instrument.

What is the financial holding company Volcker Rule? ›

The Volcker Rule flatly bars any transaction between such fund and the banking entity (or its affiliate) if such a transaction would be considered a “covered transaction” within the meaning of Section 23A of the Federal Reserve Act, with the banking entity (or its affiliate) treated as if it were a “bank” and the fund ...

What is the merchant banking Volcker Rule? ›

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.

What does the Volcker Rule do in Quizlet? ›

The Volcker Rule's purpose is to prevent banks from making certain types of speculative investments that contributed to the 2008 financial crisis. macroprudential regulation characterizes the approach to financial regulation aimed to mitigate the risk of the financial system as a whole (or "systemic risk").

Does the Volcker Rule apply to all banks? ›

Additional History of the Volcker Rule

A bank may be excluded from the Volcker Rule if it does not have more than $10 billion in total consolidated assets and does not have total trading assets and liabilities of 5% or more of total consolidated assets.

Is The Volcker Rule good or bad? ›

The Volcker Rule protects you by limiting the kinds of risks that your bank can take. This makes it less likely that your bank will make bad bets, leading to losses, insolvency and other negative financial implications.

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.

Why is proprietary trading risky? ›

3.1 Classic proprietary trading

This almost always involves taking market risk, which is the risk that changes in the market prices of financial instruments or commodities may create a loss for the firm.

What are financial instruments under the Volcker Rule? ›

As used in the Volcker Rule, financial instruments consist of the following: securities, including options on securities; derivatives (including swaps and security-based swaps), including options on derivatives and forwards;7 or. commodity futures, or commodity futures options.

What is the new Volcker Rule? ›

The final rule is broadly similar to the proposed rule from January. The Volcker rule generally prohibits banking entities from engaging in proprietary trading and from acquiring or retaining ownership interests in, sponsoring, or having certain relationships with a hedge fund or private equity fund.

What is the conflict of interest in proprietary trading? ›

Proprietary trading can create potential conflicts of interest such as insider trading and front running.

What is the 5 percent Volcker Rule? ›

The Act allows banks to invest up to 5% of their assets in proprietary trading if the bank and their owners control less than $10 billion in assets.

Can banks do prop trading? ›

Institutions such as brokerage firms, investment banks, and hedge funds frequently have proprietary trading desks. However, there are restrictions against large banks engaging in prop trading, designed to limit the speculative investments that contributed the 2007-2008 financial crisis.

Why is it called the Volcker Rule? ›

Named after former Federal Reserve Chairman Paul Volcker, the Volcker Rule disallows short-term proprietary trading of securities, derivatives, commodity futures and options on these instruments for banks' own accounts under the premise that these activities do not benefit banks' customers.

What is the Volcker Rule for market making? ›

The Volcker Rule contains exemptions from the prohibition on proprietary trading for underwriting and market making-related activities to the extent that such activities are designed not to exceed the reasonably expected near-term demands of clients, customers or counterparties (“RENTD”).

What does the Volcker Rule prohibit? ›

The final rule prohibits banks from engaging in short-term proprietary trading of certain securities, derivatives, commodity futures and options on these instruments, for their own account. The final rule also imposes limits on banks' investments in, and other relationships with, hedge funds or private equity funds.

Why the Volcker Rule is a useful tool for managing systemic risk? ›

The Volcker rule would limit the losses from principal trading and thus make it less likely a Lehman Brothers would occur. Even if the losses were at a bank and had come from their loan portfolio, it shows the risks associated with having key financial functions performed by just a few financial institutions.

What is the Volcker Rule for foreign excluded funds? ›

Under the existing regulations implementing the Volcker Rule, foreign funds that are equivalent to U.S. registered investment companies are excluded from the definition of “covered fund.” To qualify, these “foreign public funds” must satisfy several conditions, including that the fund is authorized to sell ow nership ...

What is the aim of the Volcker Rule? ›

The Volcker Rule was part of the Dodd-Frank Act enacted into law by the Obama administration in 2010 as a response to the Global Financial Crisis. It prohibits banks from engaging in proprietary trading, or from using their depositors' funds to invest in risky investment instruments.

What qualifies as a covered fund 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.

Why is proprietary trading bad? ›

Personal Risk: One of the significant drawbacks of prop trading is the potential personal financial risk. If a trader doesn't perform well, they may lose their deposit, and in some cases, their job. Loss Limitations: Prop firms often implement daily loss limits to protect their capital.

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