How the Dodd-Frank Act affects Investment Banking

The regulatory reform known as the Dodd-Frank Act has been hailed as the most revolutionary, comprehensive financial policy implemented in the United States since the years of the Great Depression. Created to protect consumers and investors, the Dodd-Frank Act is made up of a set of regulations and restrictions overseen by a number of specific government departments. As a result of this continuous scrutiny, banks and financial institutions are now subject to more-stringent accountability and full-disclosure transparency in all transactions.

The Dodd-Frank Act was also created to keep checks and balances on mega-giant financial firms that were considered too big to crash or default. This was especially deemed crucial after the collapse of the powerhouse financial institution Lehman Brothers in 2008. The intended result is to bring an end to the recent rash of bailouts that have plagued the U.S. financial system.

Additionally, the Dodd-Frank Act was created to protect consumers from unethical, abusive practices in the financial services industry. In recent years, reports of many of these abuses have centered around unethical lending practices and astronomically-high interest rates from mortgage lenders and banks.

Originally created by Representative Barney Frank, Senator Chris Dodd and Senator Dick Durbin, the Dodd-Frank Wall Street Reform and Consumer Protection Act, as it is officially called, originated as a response to the problems and financial abuses that had been exposed during the nation’s economic recession, which began to worsen in 2008. The bill was signed into law and enacted by President Obama on July 21, 2010.

Although it may seem complicated, the Dodd-Frank Act can be more easily comprehended if broken down to its most essential points, especially the points that most affect investment banking. Here are some of the component acts within the Dodd-Frank Act that directly involve regulation for investment banks and lending institutions:

* Financial Stability Oversight Council (FSOC): The FSOC is a committee of nine member departments, including the Securities and Exchange Commission, the Federal Reserve and the Consumer Financial Protection Bureau. With the Treasury Secretary as chairman, the FSOC determines whether or not a bank is getting too big. If it is, the Federal Reserve can request that a bank increase its reserve requirement, which is made up of funds in reserve that aren’t being used for business or lending costs. The FSOC also has contingencies for banks in case they become insolvent in any way.

? The Volcker Rule: The Volcker Rule bans banks from investing, owning or trading any funds for their own profit. This includes sponsoring hedge funds, maintaining private equity funds, and any other sort of similar trading or investing. As an exception, banks will still be allowed to do trading under certain conditions, such as currency trading to circulate and offset their own foreign currency holdings. The primary purpose of the Volcker Rule is to prohibit banks from trading for their own financial gain, rather than trading for the benefit of their clients. The Volcker Rule also serves to prohibit banks from putting their own capital in high-risk investments, particularly since the government is guaranteeing all of their deposits. For the next two years, the government has given banks a grace period to restructure their own funding system so as to comply with this rule.

? Commodity Futures Trading Commission (CFTC): The CFTC regulates derivative trades and requires them to be made in public. Derivative trades, such as credit default swaps, are regularly transacted among financial institutions, but the new regulation insures that all such trades must now be done under full disclosure.

? Consumer Financial Protection Bureau (CFPB): The CFPB was created to protect customers and consumers from unscrupulous, unethical business practices by banks and other financial institutions. One way the CFPB works is by providing a toll-free hotline for consumers with questions about mortgage loans and other credit and lending issues. The 24- hour hotline also allows consumers to report any problems they have with specific financial services and institutions.

? Whistle-Blowing Provision: As part of its plan to eradicate corrupt insider trading practices, the Dodd-Frank Act has a proviso allowing anyone with information about these types of violations to come forward. Consumers can report these irregularities directly to the government, and may be eligible to receive a financial reward for doing so.

Critics of the Dodd-Frank Act feel that these regulations are too harsh, and speculate that the enactment of these restrictions will only serve to send more business to European investment banks. Nevertheless, there is general agreement that the Dodd-Frank Act became necessary because of the unscrupulous behaviour of the financial institutions themselves. Although these irregular and ultimately unethical practices resulted in the downfall of some institutions, others survived or were bailed out at the government’s expense.

Because of these factors, there was more than the usual bi-partisan support for the Dodd-Frank Act. As a means of checks and balances, the hope is that the new regulations will make the world of investment banking a safer place for the consumer.

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The Types of Industries That Can Benefit from Field Service Software

Initially, field service software was designed with field techs and their managers in mind. However, in the recent past, other industries have taken this path to better the performance of their businesses. Any industry that deploys skilled laborers and assets to off-site locations benefits from field service software. It’s all about resource allocation and data centralization for efficient management and running of the business? activities. With field service software, you got all your business? functions logged in one place.

So, who needs field service management software? Professionals like electricians, plumbers, IT technicians, construction workers, and carpenters all find it useful. Moreover, there?s a wide range of application in many different types of industries.

Here are some industries that benefit from field service management software.

  • Fire and Life Safety

In a fire and life safety industry, equipment and safety systems should be kept running at peak efficiency. Therefore, it’s necessary to provide appropriate services that will ensure the smooth running of processes. On top of complying with government codes, fire and security systems installed should offer reliable services. Since service is at the core of this industry?s operation, most people in fire and security industries are turning to field service software to automate operations of their service delivery. With the field service software tools, the industry can easily monitor security technologies, quickly respond to customers, and manage compliance, inspections, and procedures effectively.

  • Medical Device Enterprises

For medical device companies seeking to improve their services, sales, and compliance, field service software becomes very essential for the smooth running and operations of their functions. The medical device enterprises that greatly benefit from this software include those offering installations, repair, and maintenance of medical equipment. With the comprehensive field service tools, service delivery and performance is greatly improved.

Moreover, with the field service software, these industries find better ways of tracking critical records needed for regulatory compliance since the medical industry is one of the most regulated industries in the globe. For the companies doing the manufacturing of medical equipment, they can integrate field service software in their accounting systems to streamline their invoice processes and shorten their billing cycles.

  • IT and Communications Services Companies

With the remarkable technological advancements in the recent past, Internet service providers, cable companies, and communications organizations are looking for better ways of service delivery to keep up with the pace of the growing technology. Connections are becoming more complex day by day propelled by an explosion in new data sources, and the use of the devices. To keep up with the increased demand for instant services by customers, the IT and communication service companies, are turning to field service software to make their service delivery more effective.

A combination of the robust, advanced scheduling system and rich functionality makes this software very useful to the communication service companies. They can use the software to design and install complex internet infrastructure. Moreover, field service software can be used by these companies to set up recurring maintenance plans to maintain the installed internet systems.

  • Oil and Gas Enterprises

Most oil and gas industries are faced by complexities which need special handling for better business performance. Since the running of projects is at the cornerstone of their businesses, they’re always looking for better ways to ensure a smooth running of their project activities. For this reason, most of the oil and gas enterprises that have discovered the benefits of field service software are integrating the main activities of their projects in this software.

With the project-based software tools, there?s an efficient flow of information and transparency throughout the enterprise ensuring excellent project management. With the checklist feature included in most field service software, inspections, compliance, site surveys, and maintenance of procedures is made easier in oil and gas companies.

  • Facilities Management Industry

Given that this is a service industry, high-level of efficiency is paramount. To meet customer expectations and battle against cost, most facility management industries are turning to field service software. With the comprehensive tools included in the field service software, supervisors can assign tasks to their reports, monitor their progress, and receive alerts on critical issues while in a remote place or at the comfort of their office.

Maintenance and emergency repairs in the facility management industry are greatly supported by this software ensuring increased productivity and efficiency. Additionally, with field service software the industries benefit from a streamlined workflow and improved communication that greatly reduces administration time and cost.

  • Industrial Equipment Enterprises

Industrial equipment companies aim at maximizing their overall productivity and preventing equipment downtime. There?s a wide range of activities that take place in industrial equipment companies which require field service software for higher levels of efficiency.

From load testing, installation projects, and load testing to emergency repairs, this software, enables the managers to design work orders, and get them ready for scheduling, and distribute them in a moment. With the equipment and asset tracking software, the supervisors can gain instant visibility into the equipment and assets in the field to ensure their regular maintenance. The scheduling and resourcing tools ensure the supervisors are in full control over the dispatching of their workforce, their schedules, and the route taken by each for maximum work output. Additionally, with the field service software, industrial equipment companies can meet their customer expectations.

  • Construction Industry

Since construction work involve both site work and office work, building industries find field service software very useful in integrating their field and office activities. Field service software is designed to establish effective communication between the office staff and the field operators. With inclusive software tools, the supervisors can easily manage daily inspections and receive feedback from the field workers without leaving the office. Moreover, documentation is simplified, and everything is documented in a central place so that it’s easier to retrieve important information at any time. With field service software, building industries can manage their construction efficiently while minimizing cost, and saving on time.

Filed service software is gaining popularity in the industrial world as most enterprises seek to improve their business? performance, and keep up with the competition. Moreover, more companies are expected to come on board as the field service software companies work extra hard to add more tools to suit a wide range of functions.

The Rights of Individuals Under The General Data Protection Regulation

The General Data Protection Regulation or GDPR is a European Union law reinforcing the rights of citizens concerning the confidentiality of their information, and confirming that they own it. We thought it would be interesting to examine the GDPR effective 25 May 2018 from an Irish citizen?s perspective. This article is a summary of information on the Data Protection Commissioner?s website, but as viewed through a businessperson?s lens.

How the Office Defines Data Protection

The Office believes that organisations receiving personal details have a duty to keep them private and safe. This applies inter alia to information that individuals supply to government, financial institutions, insurance companies, medical providers, telecoms services, and lenders. It also applies to information provided when they open accounts.

This information may be on paper, on computers, or in video, voice, or photographic records. The true owners of this information, the individuals have a right:

  • To make sure that it is factually correct
  • To the assurance that it is shared responsibly
  • That all with access only use it for stated purposes

Any organisation requesting personal information must state who they are, what the information is for, why they need to have it, and to whom else they may provide it.

Consumer Rights to Access Their Personal Information

Private persons have a right under the GDPR to a copy of all their information held or processed by a business. The regulation refers to such businesses as ?data controllers? as opposed to owners, which is interesting. They have to provide both paper and digital data, and ‘related information?.

Data controller fees for this are discretionary within limits. The request may be denied under certain circumstances. The data controller may release information about children to parents and guardians, only if it considers a minor too young to understand its significance. Other third parties such as attorneys must prove they have consent.

Consumer Rights to Port Their Data to Different Services

Since the personal information belongs to the individual, they have a right not only to access it, but also to copy or move it from one digital environment to another. The GDPR requires this be ?in a safe way, without hindrance to usability?. An application could be a banking client that wants to upload their transaction history to a third party price comparison website.

However, the right to data portability only applies to data originally provided by the consumer. Moreover, an automated method must be available for porting. Data controllers must release the information in an open format, and may not charge for the porting service.

Consumer Rights to Complain About Personal Data Abuse

Individuals have a right under the General Data Protection Regulation to have their information rectified if they discover errors. This right extends to an assurance that third parties know about the changes – and who these third party entities are. Data controllers must respond within one month. If they decline the request, they must inform the complainant of their right to further remedial action.

If a data controller refuses to release personal information to the owner, or to correct errors, then the Data Protection Office has legal power to enforce the consumer?s rights. The complainant must make full disclosure of the history of their complaint, and the steps they have taken themselves to attempt to set things right.

Further Advice on Getting Things Ready for 25 May 2018

The General Data Protection Regulation has the full force of law from 25 May 2018 onward, and supersedes all applicable Irish laws, regulations, and policies from that date. We recommend incorporating rights of data owners who are also your customers into your immediate plans. We doubt that forgetting to do so will cut much sway with the Data Commissioner. Remember, you have one month to respond to consumer requests, and only one more month to close things out subject to the matter being complex.

Transformation to a process based organisation

Today’s global marketplace rewards nimble organisations that learn and reinvent themselves faster than their competition. Employees at all levels of these organisations see themselves as members of teams responsible for specific business processes, with performance measures tied to the success of the enterprise. As team members, they are “owners” of the process (or processes) to which they are assigned. They are responsible for both the day to day functioning of their process(s), and also for continuously seeking sustainable process improvements.

Transforming a traditionally designed “top down control” enterprise to a process-based organisation built around empowered teams actively engaged in business process re-engineering (BPR) has proven more difficult than many corporate leaders have expected. Poorly planned transformation efforts have resulted in both serious impacts to the bottom line, and even more serious damage to the organisation’s fabric of trust and confidence in leadership.

Tomislav Hernaus, in a publication titled “Generic Process Transformation Model: Transition to Process-based Organisation” has presented an overview of existing approaches to organisational transformation. From the sources reviewed, Heraus has synthesised a set of steps that collectively represent a framework for planning a successful organisational change effort. Key elements identified by Hernaus include:

Strategic Analysis:

The essential first step in any transformation effort must be development of a clear and practical vision of a future organisation that will be able to profitably compete under anticipated market conditions. That vision must be expected to flex and adjust as understanding of future market conditions change, but it must always be stated in terms that all organisational members can understand.

Identifying Core Business Processes:

With the strategic vision for the organisation in mind, the next step is to define the core business processes necessary for the future organisation to function. These processes may exist across the legacy organisation’s organisational structures.

Designing around Core Processes:

The next step is development of a schematic representation of the “end state” company, organised around the Core Business Processes defined in the previous step.

Transitional Organisational Forms/ Developing Support Systems:

In his transformation model, Hernaus recognises that information management systems designed for the legacy organisation may not be able to meet the needs of the process management teams in the new organisation. Interim management structures (that can function with currently available IT system outputs) may be required to allow IT professionals time to redesign the organisation’s information management system to be flexible enough to meet changing team needs.

Creating Awareness, Understanding, and Acceptance of the Process-based Organisation:

Starting immediately after the completion of the Strategic Analysis process described above, management must devote sufficient resources to assure that all organisation members, especially key managers, have a full understanding of how a process-based organisation functions. In addition, data based process management skills need to be provided to future process team members. It is not enough to schedule communication and training activities, and check them off the list as they are completed. It is critical that management set behavioural criteria for communication and training efforts that allow objective evaluation of the results of these efforts. Management must commit to continuing essential communication and training efforts until success criteria are achieved. During this effort, it may be determined that some members of the organisation are unlikely to ever accept the new roles they will be required to assume in a process-based organization. Replacement of these individuals should be seen as both an organisational necessity and a kindness to the employees affected.

Implementation of Process Teams:

After the completion of required training AND the completion of required IT system changes, process teams can be formally rolled out in a planned sequence. Providing new teams with part time support by qualified facilitators during the firsts weeks after start-up can pay valuable long term dividends.

Team Skill Development and Continuous Process Improvement:

Providing resources for on-going skill development and for providing timely and meaningful recognition of process team successes are two keys for success in a process-based organisation. Qualified individuals with responsibility for providing training and recognition must be clearly identified and provided with sufficient budgetary resources.

The Hernaus model for transformation to a process based organisation is both well thought out and clear. His paper provides an ample resource of references for further study.

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