House Bill Would Limit Industrial Banks

From Associated Press via New York Times:

Legislation barring commercial companies like Wal-Mart and Home Depot from owning a special sort of bank overwhelmingly cleared the House on Monday.

The bill, which passed 371-16, would prohibit nonfinancial companies from setting up or owning so-called industrial loan companies, federally insured institutions that can issue credit cards, make loans and take deposits.

The industrial loan companies, or ILCs, have been proliferating in recent years: there are now 58 with a total of about $200 billion in assets. Thirty-one are based in Utah, one of only seven states that grant charters for such banks.

Critics say the growth of the industrial banks dangerously blurs the line between banking and commerce, concentrating assets in the hands of a few big companies, stifling competition and hurting consumers.

Those who think retailers and other commercial enterprises should be allowed to own ILCs say they could help reduce fees and costs for consumers and provide much-needed competition.

The application to federal regulators of Wal-Mart Stores Inc., the world’s largest retailer, to establish an ILC stirred a storm of protest from banks, unions, lawmakers, and consumer and community organizations. In January, the Federal Deposit Insurance Corp. extended for one year a moratorium on considering nonfinancial companies’ applications to establish or acquire industrial banks, and Wal-Mart withdrew its bid in mid-March.

FDIC Chairman Sheila Bair called House passage of the bill ‘’another critical step in moving the process forward.’’

‘’It is my hope that the Senate can find a consensus approach as well, to remove the cloud of uncertainty over the ILC charter and allow the ILC industry to continue as a strong, safe and sound component of the banking sector,’’ Bair said in a statement.

Proponents of the legislation say it is needed to close a loophole in banking regulation. Current laws prohibit the mixing of banking and commerce, but an exception is made for the ILCs, allowing commercial companies to own a federally insured bank.

Bill sponsor Rep. Barney Frank, D-Mass., chairman of the House Financial Services Committee, cited a wave of applications for ILCs in recent years by large commercial companies.

‘’We believe that that does not really reflect what Congress intended,’’ he said in floor debate before the vote.

The bill would restrict the banking charters to companies with at least 85 percent of their business in financial services. Frank has said he would consider allowing some exceptions when the legislation is negotiated with the Senate, a move that could benefit automakers.

Similar legislation also passed the House overwhelmingly last year, but it has stalled in the Senate. It faces opposition from Sen. Robert Bennett, a Utah Republican and member of the Senate Banking Committee.

Bennett believes that the banks ‘’fill a niche in the marketplace and have done so in a safe and sound way,’’ his spokeswoman said recently.

Sen. Chris Dodd, D-Conn., the banking panel’s chairman, said Monday he will continue to work with committee members ‘’in a thoughtful, deliberative manner to resolve outstanding issues regarding the ownership and regulation of industrial loan companies.’’

^----

On the Net:

Information on the bill, H.R. 698, can be found at http://thomas.loc.gov/

Federal Deposit Insurance Corp.: http://www.fdic.gov

Posted by Web Team on Tuesday, May 22, 2007

Click Here for a Printer-Friendly Version

COMMENTS

The bill, which passed 371-16…

Quit your bawling Nick. You and the other ‘hymn to the love of money’ WalMart slobs can always exploit labor in some other creative abuse to make up for the loss.

Gordon Gekko in New York State Prison at Sing Sing
Tuesday, May 22 at 12:42 PM

oh wallstreet are you i will personally come to straighten you out at sing sing.  exploitation at wal mart ------------------- no way ------------ while i am visiting i will eat your lunch.  michael douglas best performance ever with sheen of course and i dont mean the old guy that people wish was president on the TV show

rowdt rrooo in wisconsin
Tuesday, May 22 at 02:11 PM

Great news about ILC rulings.  I hope it passes in the senate and is signed into law.  The next steps after passing the new law is to go all existing ILC holders that do not meet the conditions of the law and tell them shut down operations immediatly unless they comply with the law.

Great news!!!

Mary in
Tuesday, May 22 at 03:34 PM

Gordon

How did that thing with Bud Fox work out? Apparently, he testified against you in return for a reduced sentence.

This ILC thing is ridiculous. “Blurring the lines between banking and commerce”. Do you mean GM, Ford, GE, Target and others owning banks, selling products and making loans to finance those product sales?

Let’s call this what it is: an anti-Wal-Mart bill. The big banks who donate to Barney Fife and his cohorts want no part of competition with Wal-Mart. They know that, in a true free market, they will lose. Dammitt! These banks donate a lot of money. Apparently, we are now seeing exactly what they purchased.

“Greed, for lack of a better word, is good. Greed is right. Greed works”.

“Christmas is over and business is business. Start buying! Dillute the sonofabitch! Ollie, I want every ortifice in his fucking body flowing red!”

“If you need a friend, get a dog”.

“If you’re not inside, you’re outside, okay? And I’m not talking about some $400,000 a year Wall Street stiff, flying first class and being comfortable. I’m talking about liquid. Rich enough to have your own jet. Rich enough to not waste time. Fifty, a hundred million dollars, Buddy. A player. Or nothing.”

“Money never sleeps, pal”.

I’ll talk at you, Gordon.

Nick in
Tuesday, May 22 at 06:46 PM

...and tell them shut down operations immediately...

Have you seen the text of the bill, Mary? There’s no grandfather clause?

Let’s call this what it is: an anti-Wal-Mart bill.

OK, it’s an anti Wal-Mart bill!</i>

You still looking for that elusive ‘fairness”, Nick? Fairness in this day and age is a <b>very costly commodity.

Ken V in Texas
Wednesday, May 23 at 06:14 AM

Ken, I have read the text of the bill and there is a grandfather clause.  To which I am saying there should be no grandfather clause at all. 

If there is a fear of commercial firms operating ILCs (for whatever reason so this must be a bad thing, right) then why in the world would you let that operation continue?  If you found a manufacturer selling defective products that can harm or kill children would you let that company continue to sell those products because they meet the condition of a “grandfather” clause yet no new companies can produce the products?  It makes no sense.  Make the existing ILC companies that do not meet the rules divest their interests in the ILC..... it’s a “bad” thing for them to own them right?

Mary in
Wednesday, May 23 at 03:37 PM

… then why in the world would you let that operation continue?

Ummm...because they’re not Wal-Mart?

As Nick so correctly points out, this is an anti Wal-Mart bill.

Reality bites!

Ken V in Texas
Wednesday, May 23 at 06:35 PM

Ken

Are you sure you are not a teenager still living in your parents’ basement? You always respond with childish taunts-NA NA NA NA NA NA! If you truly don’t believe in fairness and equality under the law, then you do not believe in the US Constitution. Period. You cannot be both for and against something.

But why don’t I take you up on your logic? Wal-Mart should ask probing questions in job interviews. If a female is applying for a mangement job, Wal-Mart should ask “Do you plan on making babies? We don’t want managers missing work because little Susie has the sniffles.”. Wal-Mart should ask male applicants if they have STDs, watch porn, eat junk food or swear.

Hey, these questions aren’t legal or fair but, as you stated (proving your intelligence, or lack thereof) there is no such thing as equality of a Constitution in this country, right?

Does it get musty in the basement? Have you ever held a read job outside of a summer spent cleaning frying pans?

Nick in
Wednesday, May 23 at 09:15 PM

...you stated (proving your intelligence, or lack thereof) there is no such thing as equality...

You’re asking the wrong guy, Nick. I so seldom ever come out of the anti Wal-Mart bunker (my mother’s basement) that I have little knowledge of equality or fairness.

I do know that when a company such as Wal-Mart does something which appears unequal or unfair it is dismissed as “good business”.

You might ask the guy that lost his job because his employer moved manufacturing to China at Wal-Mart’s behest about fairness. Or the women that worked for Wal-Mart for years for less money than their male counterparts about equality.

Wal-Mart profits from unfairness so it seems only fair that they should have to take their lumps occasionally.

Ken V in Texas
Thursday, May 24 at 05:48 AM

Ken

Give us just one example-ONE-of a situation in which Wal-Mart went to a supplier and said ‘Move your factory to China or else’. Just one example. The fact is, you can never produce this because it never happened. What Wal-Mart DOES do, just like Costco, Target, Sears, K-Mart, JC Penney, Federated Department Stores, Kohl’s, American Eagle, GAP, Limited Brands and others, is say ‘We can’t pay this price. If you can’t do better, we have to buy it elsewhere. We can’t sell it higher than X price and if we buy it from you at this level, we either lose money or lose sales due to a high price’. The manufacturer makes the decision to outsource.

Nick in
Thursday, May 24 at 06:01 PM

Ken,
Your statements don’t make much sense - why not ask the guy who now has a job and health insurance because Walmart opened up a store in town?? I guess you could say that he cancels out the other guy who lost his job to china . . . Hey, maybe it’s even the SAME GUY . .

Or how about the hundreds of Americans who effectively earn more each year because they save so much by shopping at Walmart??
You focus on the bad, but for every one person who “loses” a job overseas, there’s hundreds who save money

Why do you choose the side of the one, versus the good of the many?? (Didn’t you ever see Star Trek II?)

al in
Friday, May 25 at 11:21 AM

Why do you choose the side of the one, versus the good of the many??

Why, al, that sounds down right socialist!

Ken V in Texas
Saturday, May 26 at 07:47 AM

Just one example.

[Is] Wal-Mart telling its American suppliers to move their production to China?

Wal-Mart is telling its American suppliers that they have to meet lower price standards* that Wal-Mart wants to impose. The implication of that in many cases is if you’re going to be able to supply Wal-Mart at the prices Wal-Mart wants, you have to go to China or other offshore locations that would permit you to produce at lower cost. ...

PBS

*commonly referred to as the China price.

Ken V in Texas
Saturday, May 26 at 08:21 AM

Ken, this is why protectionism is not a dirty word. Has the corporate world lost all respect for the American people?
Soon you would think that nothing would be made here anymore. Import everything except if shipping cost cut into the profits. The best symbol of this in the United States is Americans waving their flags which were made in China.

Doug in AZ
Saturday, May 26 at 12:14 PM

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