Regulators Warn 5 Top Banks They Are Still Too Big to Fail (New York Times)

‘LIVING WILLS’ AT A GLANCE

The Fed and the F.D.I.C. found that the plans of five banks were “not credible.”

  • Failed

  • JPMorgan Chase
  • Bank of America
  • Wells Fargo
  • Bank of New York Mellon
  • State Street
  • Mostly Satisfied

  • Citigroup
  • Split Decision

  • Goldman Sachs
  • Morgan Stanley

The five banks that received rejections have until Oct. 1 to fix their plans.

After those adjustments, if the Fed and the F.D.I.C. are still dissatisfied with the living wills, they may impose restrictions on the banks’ activities or require the banks to raise their capital levels, which in practice means using less borrowed money to finance their business.

And if, after two years, the regulators still find the plans deficient, they may require the banks to sell assets and businesses, with the aim of making them less complex and simpler to unwind in a bankruptcy.

Also on Wednesday, JPMorgan announced a decline in both profit and revenue for the first quarter. Other large banks will report quarterly results this week.

“Obviously we were disappointed,” Marianne Lake, chief financial officer of JPMorgan, said on Wednesday morning.

The results are a particular blow for JPMorgan because it often boasts about the strength of its operations and its ability to weather any crisis. Just last week, Jamie Dimon, the chief executive, bragged in his annual letterthat the bank “had enough loss-absorbing resources to bear all the losses,” under the Fed’s annual stress-test situations, of the 31 largest banks in the country.

But the Fed and F.D.I.C. said on Wednesday that JPMorgan appeared to be unprepared for a crisis in a number of areas. The regulators said, for instance, that the bank did not have adequate plans to move money from its operations overseas if something went wrong in the markets.

The letter also said that JPMorgan did not have a good plan to wind down its outstanding derivative contracts if other banks stopped trading with it.

Ms. Lake said “there’s going to be significant work to meet the expectations of regulators.” But she also expressed confidence that the bank could do so without significantly changing how it does business.

Investors appeared to agree that the verdicts from regulators did not endanger the banks’ current business models. Shares of all of the big banks rose on Wednesday.

Wells Fargo, which is generally considered the safest of the large banks, was the target of unexpected criticism from the Fed and F.D.I.C.

The agencies criticized Wells Fargo’s governance and legal structure, and faulted it for “material errors,” which, the regulators said, raised questions about whether the bank has a “robust process to ensure quality control and accuracy.”

In a statement, Wells Fargo said it was disappointed and added, “We understand the importance of these findings, and we will address them as we update our plan.”

The banking industry has complained that the process of submitting living wills is complex and hard to complete and it has suggested changes.

“A useful process reform might be to do living wills every two or three years, instead of annually,” said Tony Fratto, a partner at Hamilton Place Strategies, a public relations firm that works with the banks. “The time required for banks to produce them and regulators to react to them is clearly too tight.”

But Martin J. Gruenberg, the chairman of the F.D.I.C., said on Wednesday that regulators were “committed to carrying out the statutory mandate that systemically important financial institutions demonstrate a clear path to an orderly failure under bankruptcy at no cost to taxpayers.”

“Today’s action is a significant step toward achieving that goal,” he added.

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