Securities regulation can be confusing, in part because multiple interests have resulted in multiple regulators: federal, state, and industry.
Sometimes one regulatory body oversees a specific section of the market, but sometimes several regulators monitor the same activity. And sometimes there’s overlap with other government agencies or departments. While this layered authority sometimes causes conflict, in general regulators cooperate in pursuit of a common goal: to keep markets transparent and fair.
What’s more, in addition to responding to dramatic revelations such as corporate governance breakdowns and questionable mutual fund trading practices, regulators also oversee the day-to-day activity of the securities markets. This includes ensuring that regulation keeps pace with technology so that investors can take full advantage of innovation and benefit from competition among various market centers.
Remember, too, that the actions of federal and state regulators, to at least some degree, reflect their own or their constituents’ political priorities. In some periods, there is a tendency toward more regulation, and in other periods a tendency toward less. The changing cycle is recognizable but its timing is not predictable.
Moving margins
If you’re looking for an example of regulatory overlap, consider
margin
rules. The initial margin requirement for buying securities in a margin account is set by the Federal Reserve Bank, which oversees the banking industry. But, once you buy on margin, your ongoing margin requirements are set by the
FINRA,
and your
brokerage firm.