Two Executive Orders from Trump that proves his laissez-faire free-market not caring for federal regulation of big-business!
President Donald J. Trump has decided to the man and leader who love giant corporations and their needs first. Therefore, this February Trump Administration has yet again opened the doors for Business and big corporations to get free space to do their work without interference of the state or federal regulations. Trump wants business to be so free and without taxes, so the wealthy can be stinky rich without considering how they make their fortunes. Therefore, he has already loosen up with Fiduciary Duty Rule, where the investors get good advice or advice that might be better for the consumer, not the ones the wall-street trader or banker earns the biggest profit on and the consumer losing all their savings in. The second is that Trump will continue to cut strings and regulations. Take a look!
“The Department of Labor’s (Department) final rule entitled, Definition of the Term “Fiduciary”; Conflict of Interest Rule — Retirement Investment Advice, 81Fed. Reg. 20946 (April 8, 2016) (Fiduciary Duty Rule or Rule), may significantly alter the manner in which Americans can receive financial advice, and may not be consistent with the policies of my Administration” (E.O. 03.02.2017).
“You are directed to examine the Fiduciary Duty Rule to determine whether it may adversely affect the ability of Americans to gain access to retirement information and financial advice. As part of this examination, you shall prepare an updated economic and legal analysis concerning the likely impact of the Fiduciary Duty Rule, which shall consider, among other things, the following:
- Whether the anticipated applicability of the Fiduciary Duty Rule has harmed or is likely to harm investors due to a reduction of Americans’ access to certain retirement savings offerings, retirement product structures, retirement savings information, or related financial advice” (E.O. 03.02.2017).
So you can see that advice from traders and bankers are getting freer so the U.S. Citizens can get bad advice that the crony capitalist earns on and the consumer loses their savings. They can give advice on investment portfolio that has problematic structures that even could be similar to subprime mortgage loans and the housing bubble of 2008, which started the economic recession. Therefore the ignorance of this proves that the President cares more about Goldman Sachs and other big multi-national banks. Their power eats the White House. Therefore the Trump administration has more plans that was unleashed on Friday!
On revising regulatory rules for business:
“By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to lower regulatory burdens on the American people by implementing and enforcing regulatory reform, it is hereby ordered as follows:
Section 1. Policy. It is the policy of the United States to alleviate unnecessary regulatory burdens placed on the American people” (E.O. 24.02.2017).
“Each Regulatory Reform Task Force shall evaluate existing regulations (as defined in section 4 of Executive Order 13771) and make recommendations to the agency head regarding their repeal, replacement, or modification, consistent with applicable law. At a minimum, each Regulatory Reform Task Force shall attempt to identify regulations that:
(i) eliminate jobs, or inhibit job creation;
(ii) are outdated, unnecessary, or ineffective;
(iii) impose costs that exceed benefits;
(iv) create a serious inconsistency or otherwise interfere with regulatory reform initiatives and policies;
(v) are inconsistent with the requirements of section 515 of the Treasury and General Government Appropriations Act, 2001 (44 U.S.C. 3516 note), or the guidance issued pursuant to that provision, in particular those regulations that rely in whole or in part on data, information, or methods that are not publicly available or that are insufficiently transparent to meet the standard for reproducibility; or
(vi) derive from or implement Executive Orders or other Presidential directives that have been subsequently rescinded or substantially modified” (E.O. 24.02.2017).
If you wonder what this means is that the Trump Administration is working on getting rid of certain financial regulations that is not benefitting the business community, the big-banks and the reforms that is done to secure a stable economic policies, to prevent bubbles and other openings that hurts the economy. Trump Administration rather wants to open all doors and believe fewer regulations are good and greed will create a prosperous society. Therefore, you can expect them to dismantle or repeal the Dodd-Frank regulation that can be summarised like this:
“Generally, the Dodd-Frank Act imposes more stringent regulatory capital requirements on financial institutions. The Act requires that the Council make recommendations to the Federal Reserve regarding the establishment of heightened prudential standards for risk-based capital, leverage, liquidity and contingent capital” (Morrison & Foerster, 2010).
This is seen as preventive for economic growth, even as the numbers and statistics haven’t showed lacking results of the business in the United States after the legislation came to pass. The Banking institutions haven’t lacked funds or investment opportunities in the republic. So the need to repeal or to take away the clear cut regulations of Dodd-Frank is more of ideological belief, than a systematic defaults of the added regulation to make sure the banks and corporations follows guidelines for their investments and follow the standards the Federal Reserves has put. This was put into a new law by the Presidency of Bill Clinton and called the Gramm-Leach-Bliley Act or the GLBA.
This can be summarised like this:
“The Gramm-Leach-Bliley Act makes the most important legislative changes to the structure of the U.S. financial system since the 1930s. Financial services firms will be authorized to conduct a wide range of financial activities, allowing them freedom to innovate in the new economy. The Act repeals provisions of the Glass-Steagall Act that, since the Great Depression, have restricted affiliations between banks and securities firms. It also amends the Bank Holding Company Act to remove restrictions on affiliations between banks and insurance companies. It grants banks significant new authority to conduct most newly authorized activities through financial subsidiaries” (…) “Removal of barriers to competition will enhance the stability of our financial services system. Financial services firms will be able to diversify their product offerings and thus their sources of revenue. They will also be better equipped to compete in global financial markets” (Clinton, 1999).
So surely Trump seems keen on following the traits of William Clinton or Bill, who had his ways of opening the markets and making sure the big-business didn’t had to have issues with regulatory business, giving bankers and banks more power and have more involvement with more financial instruments. Therefore the banks could sufficiently control more of the financial transactions and instruments to earn even bigger profits without any concern of the federal state regulatory bodies. This is one of the reasons for the Dot Com crash and the Subprime Crash of the recent decades, as the banks could easily transform business and create markets without any consideration of the small-investors, the citizens or the ones losing in the banking crisis of 2008. This is scenario coming up if the Trump Administration opens up and repeal the Dodd-Frank Act. There are another one he might look into that has also regulated the businesses in the United States, this being the Sarbanes-Oxley Act (SOX), which can be explained like this:
“Sarbanes-Oxley established the Public Company Accounting Oversight Board to regulate public accounting firms that audit publicly traded companies. It prohibits firms that audit publicly traded companies from providing other services to the companies they audit, and it requires that CEOs and CFOs of the publicly traded companies certify their companies’ annual and quarterly reports. The Act authorized the Securities and Exchange Commission (SEC) to issue rules governing audits” (…) “The law requires that insiders may no longer trade their company’s securities during pension fund blackout periods. It mandates various studies including a study of the involvement of investment banks and financial advisors in the bookkeeping and recordkeeping scandals that motivated enactment of the legislation. Also included are whistle blower protections, new federal criminal laws, including a ban on alteration of documents” (FDIC – ‘Important Banking Laws’ 20.07.2015).
“That aspect of flexibility—being able to exempt some smaller companies from the mandate and make it easier for others to implement—is an important quality to keep in mind when we discuss future regulation,” says Srinivasan, who also cites the important role of the Public Company Accounting Oversight Board (PCAOB), a nonprofit private corporation created by SOX that oversees auditors of SEC-registered companies” (HBS Working Knowledge, 2014).
Certainly the review and the Trump Administration want are lacking accountability and freer market, total lassies-faire economy without any interference. Certainly if they could they would get rid of commissions and regulatory bodies that also interfering in the businesses of the United States…? Therefore, if SOX and Dodd-Frank acts are repealed or replaced with soft laws that opens the gates for free-for-all instead of economic regulations to safety the investors, the banks and the consumers. That would generate more trust for foreign investment and also of the consumers that want to be sure of their savings. Well, that is all a foreign opinion and understands of the world for the Trump Administration, an administration that is a corporate stooge and a not so invisible hand of Corporate America. Certainly Wilbur Ross and Steve Mnuchin will work for more open markets where the giant multi-national businesses get more freedom and less taxes, so profits can hopefully sore and the American consumer can be more rid-of-the-short-change in their pockets.
So if certain laws cease to exist or get repealed, if they get amended to a pointless state or even get new fancy laws made for big-business from Congress, don’t be surprised all the corporate stooges and well-wishers from the big-banks are all settled there, in the interest of capital donors and the republican super-PACs that want their reimbursement for their investment into the politician, certainly the Koch brothers and Mercer’s of this world want the gates open and market to sour for them. Not matter what cost or how many who loses their savings, as long as the wealthy are getting wealthier. Peace.
Executive Order – Trump, Donald J. – ‘SUBJECT: Fiduciary Duty Rule’ – White House, United States of America (03.02.2017)
Executive Order – Trump, Donald J. – ‘ENFORCING THE REGULATORY REFORM AGENDA’ – White House, United States of America (24.02.2017)
Clinton, William J (Bill) – ‘Statement on Signing the Gramm-Leach-Bliley Act (12.11.1999) link: http://www.presidency.ucsb.edu/ws/?pid=56922
HBS Working Knowledge – ‘The Costs And Benefits Of Sarbanes-Oxley’ (10.04.2014) link: https://www.forbes.com/sites/hbsworkingknowledge/2014/03/10/the-costs-and-benefits-of-sarbanes-oxley/#77656419478c
Morrison & Foerster – ‘The Dodd-Frank Act: a cheat sheet’ (2010)