Las neuvas reglas del Fed son cuestionadas
Dimon, Bancos preguntan si las provisiones les permitira ejercer sus funciones en el directorio del Fed de New York
El CEO de JP Morgan frustrado por algunos aspectos de la regulacion financiera de Dodd-Frank esta cuestionando si la implementacion de la nueva ley le permitira seguir su trabajo en el directorio del Fed.
Personas cercanas al caso dijeron que tanto Dimon como otros banqueros terminarian renunciando, el asunto quedo sin resolver.
La nueva regulacion financiera de Dodd-Frank le prohibe a la banca a tener opinion en la seleccion de los presidentes de las 12 regiones del Fed. Aparte de eso el Fed de New York esta considerando mayores restricciones extras, incluyendo reglas para otros puestos y acceso a la informacion.
El Fed esta formado de 12 bancos regionales que estan gobernados por las reglas que crea diferente clases de directores, incluyendo banqueros. Mr.Dimon es uno de los tres CEOs que tienen un puesto en el directorio de nueve miembros.
Los otros dos banqueros son el banco Popular de Puerto Rico y el Adirondack Trust Co.
Mr. Dimon abiertamente esta en desacuerdo con ciertos aspectos de la legislacion y no escondio su descontento esta semana cuando se discutia el impacto que esto tendria en su banco.
Dimon dijo que algunos aspectos mejoraran al sistema pero otros aspectos son enfermos.
New Fed Rules Are Being Questioned
Dimon, Bankers Ask Whether Provision Would Let Them Perform Duties on New York Fed Board
By JON HILSENRATH And DAN FITZPATRICK
J.P. Morgan Chase & Co. Chief Executive James Dimon, already frustrated with some aspects in the Dodd-Frank law, is questioning whether the Federal Reserve Bank of New York's implementation of a provision will allow him to perform his duties on the Fed board.
SEC Chairman Defends Disclosure Exemption. Access thousands of business sources not available on the free web. Learn More .The issue came to a head Thursday, when Mr. Dimon raised the issue at a New York Fed board meeting, said people with knowledge of the meeting. Mr. Dimon and other bank representatives on the board could end up resigning, though the issue remains unresolved, these people said.
The Dodd-Frank law passed by Congress in June bars bankers from having any say in the selection of the presidents of the 12 regional Fed banks. But the New York Fed is considering restrictions that go beyond the Dodd-Frank law, including rules on other appointments and access to information.
The Federal Reserve system includes 12 regional banks that are governed by rules that create different classes of directors, including bankers. Mr. Dimon is one of three bankers who sit on the New York Fed's nine-member board. The other two bankers on the New York Fed's board are Banco Popular de Puerto Rico Chief Executive Officer Richard Carrion and Charles Wait, chief executive officer of Adirondack Trust Co. Neither Messrs. Carrion nor Wait could be reached for comment.
The financial crisis focused attention on the governance of these boards and the appearance of conflicts of interest. Critics complained the Fed was too close to banks it regulated, particularly the big New York money-center banks.
The issue received added attention in May 2009 after Stephen Friedman, a former Goldman Sachs Group Inc. chairman, resigned from his role as chairman of the New York Fed's board amid disclosures of Goldman stock purchases he made during his tenure.
The governance debate is happening all around the Fed. "We have undertaken a systemwide effort to review the responsibilities of the reserve bank directors," said a Fed spokeswoman in Washington. Moreover, the Government Accountability Office, a watchdog arm of Congress, is reviewing governance of the regional Fed banks.
One worry among the New York Fed's directors raised by Mr. Dimon is that they could have less say in the regional bank's governance, but still have fiduciary duties for its affairs that expose them to legal liabilities if something goes wrong, people familiar with the matter said. The directors agreed at the Thursday meeting of a board subcommittee on Fed governance to have the New York Fed's lawyers confer with their lawyers to assess whether those worries were justified, these people said.
James Dimon, chairman, president, and chief executive officer of J.P. Morgan Chase & Co.
."Jamie raised this issue of what is the legal ability of a [banking industry] director to discharge their fiduciary duties under the pending new law," one of these people said. "It is not super clear."
Other directors expressed concerns over the provisions more aggressively than Mr. Dimon, people familiar with the matter said. They worried about losing the expertise of banking executives on certain decisions facing the New York Fed.
The group decided to take a "deep dive" on the issue and could conclude directors can no longer do the job they have been asked as directors to do, said one person familiar with the matter. "It would be all or nothing," said this person. But lawyers may conclude that the new legislation still allows bank directors to carry out their board duties, this person said.
Mr. Dimon's term expires Dec. 31, 2012; Mr. Wait's term ends Dec. 31, 2011, and Mr. Carrion's term ends Dec. 31 this year.
Mr. Dimon, who openly disagreed with certain aspects of the legislation while it still was under debate, didn't hide his displeasure this week when discussing the potential impact on his bank.
"We think some of the reforms are going to make the world a better place," he told investors at Barclays Capital's financial-services conference in New York, but "I think some of them were ill-conceived. That is life. We all have to deal with legislation that we maybe don't agree with."
.Governance of the regional Federal Reserve banks has been an issue for policy makers ever since the Fed was created in 1913. Back then, lawmakers battled over whether power in the central bank should reside in Washington, New York or other places, such as Midwest farm states, and whether it should reside with bankers or elected officials. The system that resulted was a hybrid drawn up by compromises, with 12 regional Fed banks scattered around the country and run by presidents whose selection was driven in part by private bankers.
Over the years, Fed power has become concentrated in Washington. Some critics say these regional Fed bank boards are now more of a headache then they are worth, because of the perceptions of conflict that they cause for the Fed.
"This is a historical artifact that we're dealing with now, and we should get rid of these boards as soon as possible," said Christopher Whalen, who runs research firm Institutional Risk Analytics.
Write to Jon Hilsenrath at
jon.hilsenrath@wsj.com and Dan Fitzpatrick at