Volcker Rule: What It Means, How It Works (2024)

The Volcker rule limits two main types of activities by large institutional banks. Banks are prohibited from engaging in proprietary trading activities and from owning interest in covered funds, generally defined as hedge funds and private equity funds. The rule is listed in Section 619 of the Dodd-Frank Act, and is part of the larger financial reforms contained in that legislation.

The rule was designed to prevent banks that receive federal and taxpayer backing in the form of deposit insurance and other support from engaging in risky trading activities. The rule was named after Paul Volcker, a former chair of the Federal Reserve Board.

Proprietary Trading Prohibited

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. The regulations expand on the definition of what qualifies as a trading account and whether the trade involves a financial instrument.

The regulations define a trading account based upon three criteria: a purpose test for the account, the market risk capital rule test and the status test. The rules states that trades are presumed to be for the trading account of a bank if the bank held the position for 60 days.

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Due to the broad definition of a trading account, certain trading activities are exempted from this prohibition, such as clearing activities, liquidity management, market making, hedging, trades to satisfy delivery obligations and trades through a profit sharing or pension plan of the bank. However, very strenuous compliance requirements are placed on these trading activities, which include internal controls and extensive documentation.

Prohibition on Covered Fund Investments

The Volcker rule further prohibits banks from having an ownership interest in a covered fund. The rule defines covered funds with a three-pronged test. A covered fund is exempt from the definition of an investment company as defined by the Investment Company Act of 1940, commodity pools with characteristics similar to hedge funds or private equity funds and foreign covered funds.

The rule sets forth a number of exceptions to these prohibitions, such as foreign public funds, wholly owned subsidiaries and joint ventures.

Extension of Deadlines for Compliance

Banks were supposed to liquidate their holdings in covered funds by July 2015. However, in December 2014, the Federal Reserve Board granted extensions to banks to get out of these positions until 2017, and until 2022 in some cases.

The banks argued that many of their positions were in illiquid investments on which they would have to take significant losses to exit. The banks stated that their ownership interests in hedge funds and private equity funds were at risk of losing substantial value if they were forced to liquidate them quickly.

Volcker Rule: What It Means, How It Works (2024)

FAQs

What are the objectives of Volcker Rule? ›

The rule prevents banks from using their own accounts to engage in proprietary trading of short-term securities, derivatives, futures, and options. This rule is based on the fact that such high-risk investments do not benefit the bank's depositors.

Why is the Volcker Rule good? ›

The Volcker Rule helps keep banks from making speculative investments that expose their customers to risk. Congress enacted similar reforms in the wake of the Great Depression to help protect consumer deposits.

What are the final rules to implement the Volcker Rule? ›

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.

What are the permitted activities of the Volcker Rule? ›

They include the following seven circ*mstances: (1) acting as an agent, broker, or custodian, (2) permitted organizing and offering, (3) permitted underwriting and market making, (4) investing in a fund organized by a banking entity, (5) risk-mitigating hedging activities, (6) activities and investments outside of the ...

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 did Volcker do to bring down inflation? ›

To subdue double-digit inflation, Chairman Volcker announced, in October 1979, a dramatic break in the way that monetary policy would operate. In practice, the new approach to monetary policy involved high interest rates (tight money) to slow the economy and fight inflation.

What is Volcker known for? ›

The monetary policies of the Federal Reserve board, led by Volcker, were widely credited with curbing the rate of inflation and expectations that inflation would continue. US inflation, which peaked at 14.8 percent in March 1980, fell below 3 percent by 1983.

Does Volcker Rule only apply to us? ›

The Volcker Rule does apply to every foreign entity that directly or indirectly maintains a bank branch or agency in the United States, or controls a commercial lending company.

What is the Volcker test? ›

The Volcker rule limits two main types of activities by large institutional banks. Banks are prohibited from engaging in proprietary trading activities and from owning interest in covered funds, generally defined as hedge funds and private equity funds.

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 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.

What is the rentd Volcker Rule? ›

The Volcker rule restricts US insured depository institutions from engaging in proprietary trading of securities, derivatives and commodity futures, or options on any of these instruments. Banks have to prove that all positions are needed to meet reasonably expected near-term demand (RENTD) from clients.

What is the exemption for the Volcker Rule? ›

As noted above, the Volcker Rule added two additional exemptions for transactions by a foreign bank with unaffiliated market intermediaries (such as unaffiliated registered broker-dealers), thus preserving the prohibition on entering into a proprietary trading transaction with an affiliated U.S. banking entity.

What is the market risk rule? ›

The Federal Reserve Board's market risk capital rule refers to regulations designed to ensure banks maintain a stable balance sheet. The MRR rule applies to U.S. banks where trading activity accounts for more than 10% of total assets or banks with assets over $1 billion.

What is the meaning of hedge fund? ›

Hedge funds pool money from investors and invest in securities or other types of investments with the goal of getting positive returns.

What was the main objective of French banking law and Volcker Rule? ›

The Volcker Rule aims to protect bank customers by preventing banks from making certain types of speculative investments that contributed to the 2007–2008 financial crisis. In addition, banks will not have to set aside as much cash for derivatives trades among different units of the same firm.

What are the investment objectives of hedge funds? ›

Hedge funds were developed, in part, to help investors manage investment risk. Their market-neutral, or balanced, approach to investing helps seek out positive returns by investing in varied instruments over long- and short-term periods.

What is a funds investment objective? ›

The fund's objective. When a stock mutual fund defines its investment objective, it is identifying a specific type of stock—though not individual stocks—that will be the core of its portfolio. Sometimes the objective is quite broad.

What is the primary purpose of the Dodd-Frank Act? ›

The most far reaching Wall Street reform in history, Dodd-Frank will prevent the excessive risk-taking that led to the financial crisis. The law also provides common-sense protections for American families, creating new consumer watchdog to prevent mortgage companies and pay-day lenders from exploiting consumers.

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