Securities Law Updates | New Statutes, Regulations and Rules

July 21, 2010

After Uphill Struggle, Sweeping Financial Reform Legislation Finally Becomes a Law

Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010
H. R. 4173, 7/21/2010

After Uphill Struggle, Sweeping Financial Reform Legislation Finally Becomes a Law

U.S. President Barack Obama has signed into law another of his administration’s centerpiece legislation that seeks to end too big to fail bailouts, create a new Consumer Financial Protection Bureau, set up an early warning system to protect our economy from future threats, and bring transparency and accountability to derivatives and other exotic financial instruments.

In his remarks delivered on the occasion of the signing ceremony of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010, Obama said that “beyond the consumer protections…., reform will also rein in the abuse and excess that nearly brought down our financial system.  It will finally bring transparency to the kinds of complex and risky transactions that helped trigger the financial crisis.  Shareholders will also have a greater say on the pay of CEOs and other executives, so they can reward success instead of failure.”

Describing the long arduous journey the bill had to go through before it finally reached his desk for his signature, Obama said: “Passing this bill was no easy task.  To get there, we had to overcome the furious lobbying of an array of powerful interest groups and a partisan minority determined to block change.  So the members who are here today, both on the stage and in the audience, they have done a great service in devoting so much time and expertise to this effort, to looking out for the public interests and not the special interests.”

To the applause of the signing ceremony’s attendees and stage participants that include Cabinet members and bipartisan leaders of the House and Senate, Obama declared that “the American people will never again be asked to foot the bill for Wall Street’s mistakes. There will be no more tax-funded bailouts—period. If a large financial institution should ever fail, this reform gives us the ability to wind it down without endangering the broader economy.  And there will be new rules to make clear that no firm is somehow protected because it is ‘too big to fail,’ so we don’t have another AIG. “

In a statement, House Speaker Nancy Pelosi said: “This Congress and President Obama have made tough choices and taken effective steps to bring our economy back from the brink of disaster. The Recovery Act has already saved or created up to 2.8 million jobs and much of the TARP has been paid back. On December 11th, the House passed the Wall Street Reform and Consumer Protection Act (HR 4173) and on June 30th, the House passed the Dodd-Frank Conference Report of the Wall Street Reform and Consumer Protection Act by a vote of 237-192.  On July 15th, the Senate passed the bill by a vote of 60-39, which President Obama signed into law on July 21st.”

LawUpdates.com has previously issued a detailed summary of this financial reform legislation. This legislative summary is found at House Passes Historic Financial Reform Legislation.

The White House likewise also released its own summary at Wall Street Reform.

View a PDF of the statute

Also See:

CFTC’s Division of Market Oversight Issues Advisory Addressing Bona Fide Hedge Transactions and Positions

Former Detroit Officials and Investment Adviser to City Pension Funds Asked to Account for Role in Influence-Peddling Activity

FTC Takes Action against Bogus Precious Metals Investment Scheme

SEC Releases Risk Alert on Unauthorized Trading

FTC Closes Eight-Month Investigation of Express Scripts, Inc.'s Proposed Acquisition of Pharmacy Benefits Manager Medco Health Solutions, Inc.

Companies Mentioned

Securities Law

The following companies are mentioned in Securities Law Updates:

Securities and Exchange Commission

Harris Associates, L.P.

Banc of America Securities LLC

Citicorp USA, Inc.

The Public Employees’ Retirement System of Mississippi

Morgan Stanley & Co., Inc.

Jan Charles Finance S.A.

Park East, Inc.

CIBC World Markets Corp.

Citigroup Inc.

Barclays Capital Inc.

Citigroup Global Markets, Inc.

Guardian Capital Management

ABN AMRO Bank N.V.

Vesta Insurance Group, Inc.

Free Enterprise Fund

Banc of America, N.A.

Torchmark Corp.

Beckstead and Watts, LLP

Barclays Bank PLC

KPMG Peat Marwick, LLP

Deloitte & Touche LLP

Public Company Accounting Oversight Board

BNY Capital Markets, Inc.

Florida State Board of Administration

Credit Suisse Securities (USA) LLC

Credit Lyonnais Securities (USA) Inc.

The Cleaners & Caulkers Local 1 Pension Fund

Credit Suisse, New York Branch

Ameriprise Financial, Inc. f.k.a. American Express Financial Corp.

Deutsche Bank AG

Harris Nesbitt Corp.

California Department of Corporations

The Royal Bank of Scotland plc

RiverSource Investments, LLC

Asset Management Holding AG

Deutsche Bank

Consolidated Management Group, LLC

The Bank of Nova Scotia

Alex Brown, Inc.

Toronto Dominion Texas, LLC f.k.a. Toronto Dominion Texas, Inc.

SG Cowen Securities Corp.

Tellabs, Inc.

Deutsche Bank Securities, Inc.

Mizuho International PLC

Lydia Capital, LLC

Suntrust Capital Markets, Inc.

Makor Issues & Rights, Ltd.

ABN AMRO Inc.

Tribune Company

Additional Resources

Securities Law

Further Reading in Securities Law

Other Recent Summaries

Recent Expert Legal Commentaries