This week in Outside the Box we take up a topic that should be on the top of the agenda of every regulatory authority, executives at financial services firms of all types, and average investors: How do we fix the credit markets to make sure we do not have such a crisis again? Good friend Michael Lewitt of Hegemony Capital Management gives us his observations, some of which go further than I would personally like to see us go. But this is the conversation that must happen if we are to steer clear of future crises. It is clear to me now that a laissez faire approach to regulating certain financial instruments exposes the entire economy to risks much larger than the loss of a business here or there. While better disclosure is certainly appropriate, it is not enough.
I think that we should seriously consider having an exchange for credit default swaps and other similar OTC derivatives. If Bear Stearns is deemed too big to fail because of the extent of its CDS book, and taxpayers are put at risk in a bailout, which I agree was necessary, then rules must limit taxpayer exposure. Having futures and options trade on an exchange certainly hasn't limited commerce or restrained business, and with instantaneous execution and inexpensive transactions there is little friction from using an exchange.
Getting the rules right in the future is going to be difficult and contentious. But it is something we must begin to do as soon as possible. The footnotes that Michael uses are at the end.
John Mauldin, Editor
Outside the Box
Why We Must Fix It
"Society is indeed a contract. Subordinate contracts for objects of mere occasional interest may be dissolved at pleasure -- but the state ought not to be considered as nothing better than a partnership agreement in a trade of pepper and coffee, callico or tobacco, or some other such low concern, to be taken up for a little temporary interest, and to be dissolved by the fancy…