Lurking around the Corner: The Unknowns in Dodd-Frank

Abstract

The Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 is the most comprehensive regulatory reform undertaken of the U.S. financial services industry and financial markets since the Great Depression. Much has already been written about this Act. However, given its enormous complexity and sheer size, many questions still remain. The Act is littered with ambiguities. In addition, significant provisions of Dodd-Frank delegate to regulatory bodies such as the SEC and CFTC the responsibility to issue implementing rules and regulations. This article focuses on the provisions of Dodd-Frank that impact the world of structured finance including the regulation of derivatives markets, swap dealers and major swap participants; the new clearing requirements; the changes to the securitization market; and the limitations being imposed on the derivatives activities of depository institutions. The article outlines what we already know about these provisions of Dodd-Frank. More importantly, the article discusses what we still don’t know and what still remains ambiguous under the Act and outlines the rules and regulations that must still be issued under the Act to address these unknowns and the ambiguities.

TOPICS: Legal and regulatory issues for structured finance, legal/regulatory/public policy