Melville Finance Act 2010
The Melville Finance Act 2010, officially known as the Dodd-Frank Wall Street Reform and Consumer Protection Act, is a landmark piece of legislation enacted in the United States following the 2008 financial crisis. While its formal name honors Congressmen Barney Frank and Senator Christopher Dodd, it's often referred to simply as Dodd-Frank. The Act fundamentally reshaped the financial regulatory landscape, aiming to prevent a recurrence of the events that triggered the near-collapse of the global economy.
A central goal of the Act was to increase transparency and accountability within the financial system. Before Dodd-Frank, many complex financial instruments, particularly derivatives, operated largely outside regulatory oversight. The Act mandated that standardized derivatives be traded on exchanges or cleared through central counterparties, increasing visibility and reducing counterparty risk. This change was a direct response to the role that unregulated derivatives played in amplifying the financial crisis.
Dodd-Frank established several new regulatory bodies and significantly strengthened existing ones. The Consumer Financial Protection Bureau (CFPB) was created to protect consumers from abusive financial practices in areas such as mortgages, credit cards, and other consumer loans. The Financial Stability Oversight Council (FSOC) was formed to identify and address systemic risks posed by large financial institutions, often designated as "too big to fail." The Act also gave the Federal Reserve greater authority to supervise financial institutions and oversee the financial system as a whole.
Addressing the "too big to fail" problem was a key priority. Dodd-Frank introduced measures designed to resolve failing financial institutions in an orderly manner without requiring taxpayer bailouts. The Act created a resolution authority, empowering regulators to seize and liquidate failing firms, potentially breaking them up to minimize the impact on the broader economy. The Volcker Rule, a provision within Dodd-Frank, restricts banks from engaging in proprietary trading, further limiting their exposure to risky investments that could jeopardize their stability.
Executive compensation also came under scrutiny. Dodd-Frank required public companies to disclose the ratio of CEO pay to median employee pay and granted shareholders the right to a non-binding vote on executive compensation packages ("say-on-pay"). These provisions aimed to curb excessive executive compensation and align executives' interests with those of shareholders.
The implementation of Dodd-Frank has been complex and controversial. The Act is incredibly lengthy and detailed, and its implementation has involved the development of numerous regulations by various agencies. Critics have argued that it has increased compliance costs for financial institutions, stifled lending, and made the U.S. financial system less competitive. Supporters, on the other hand, contend that Dodd-Frank has made the financial system safer, more stable, and more accountable, benefiting consumers and the economy as a whole.
In the years following its enactment, Dodd-Frank has been subject to amendments and reinterpretations, notably through the Economic Growth, Regulatory Relief, and Consumer Protection Act of 2018, which rolled back some of its provisions, particularly for smaller banks. Despite these changes, the core principles and framework established by Dodd-Frank remain in place, continuing to shape the regulation of the U.S. financial system.