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Although we discuss our concerns regarding the OLA in the next section in detail, let us give a simple example from September, 2008, to illustrate how the OLA may fail in containing the systemic risk: After the Lehman Brothers' bankruptcy filed on September 15, 2008, its outstanding debt collapsed in price almost immediately.Since one of the largest money market mutual funds (MMMFs), the Reserve Primary Fund, was highly exposed to Lehman Brothers' collapsing short-term debt, the next day its net asset value (NAV) fell below par.What we propose is that instead of attempting regulation of systemically important financial institutions (a "top down" approach to regulating systemically important assets and liabilities), prudential regulation be built in the form of a "bottom up" approach - one that works at the level of the SIALs rather than at the level of the SIFI that owns them.Under the "bottom-up" approach there would be an automatic stabilizer built for each SIAL.In the micro-prudential regulations, the focus is on the systemically important financial institutions (SIFIs) whereas in the macro-prudential regulations, the focus is (also) on the risk of a crisis in the financial sector and its spillover to the economy at large.Taking the micro-prudential view, both the Dodd-Frank Wall Street Regulation and Consumer Protection Act (DFA) signed into law by President Obama in July 2010 in the U. and, internationally, Basel III focus on single financial institutions.Examples of SIAs include exposures to SIFIs, asset-backed commercial paper (ABCP) and risky repo collaterals such as mortgage-backed securities (MBSs).

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This way, when an SIFI fails, it is not the orderly resolution of an individual SIFI that has to be effected, but rather the resolution of its various SIALs; the parts of its capital structure that are not systemically important would be resolved by market-determined contracts and relevant bankruptcy procedures.In the so-called micro-prudential view, the systemic risk arises from contagion of the failure of a financial institution to the rest of the financial sector whereas in the so-called macro-prudential view, the systemic risk arises from the collective failure of many financial institutions because of their common risk factor exposures.Although these two views are not mutually exclusive, much of the regulatory reforms take one view or the other.Under the OLA, if invoked as described in Title II of the DFA, the Reserve Primary Fund would have been placed into a receivership administered by the Federal Deposit Insurance Corporation (FDIC) to be liquidated (assuming that the Reserve Primary Fund - or the money-market funds sector as a whole - were deemed systemically important by the Financial Stability Oversight Council, set up under the DFA).Although the FDIC could have borrowed from the Treasury to finance the liquidation, if the proceeds from liquidation were insufficient to repay the Treasury, the FDIC would have had to claw back from creditors any amounts received in excess of what they would have received in an ordinary liquidation.




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