Economy June 25, 2026 07:02 AM

Researchers Say Simpler Bank Rules Could Create Evasion Pathways

Paper presented at ECB Sintra warns easier-to-apply regulations in the US and UK may be more vulnerable to gaming, while EU and Swiss approaches differ

By Marcus Reed
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A new research paper to be shown at the European Central Bank's Sintra conference next week argues that reducing the complexity of bank regulation can unintentionally weaken the system by making rules easier to circumvent. The study, which includes work from Stockholm School of Economics professor Mariassunta Giannetti, finds that simpler rules are more likely to be gamed as banks move risks to other parts of the financial system. The authors flag the US rollback of supervision and capital rules as potentially excessive, note Britain is following a similar course, and say the EU approach of simplifying without lowering overall capital requirements is broadly consistent with their findings. Switzerland's tougher post-Credit Suisse requirements are also described as fitting the pattern identified by the researchers. The paper's conclusions are based on market data from listed financial institutions and may not capture dynamics in less-regulated areas such as private credit and private equity-backed lending.

Researchers Say Simpler Bank Rules Could Create Evasion Pathways
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Key Points

  • Simplification of bank rules can make regulation easier to evade as banks shift risks elsewhere - impacts banking and capital markets.
  • Researchers warn the US rollback of supervision and capital rules may go too far; Britain is moving similarly - affects banking sector policy and lending conditions.
  • EU plans to simplify the rulebook without lowering overall capital requirements align with the study's findings if essential 'load-bearing' elements are retained; Switzerland's post-2023 tightening is also consistent.

FRANKFURT, June 25 - Research due to be presented to central bankers at the European Central Bank's Sintra conference next week cautions that efforts to simplify bank regulation in the United States and Britain could unintentionally reduce the safety of the financial system.

The paper, authored by a team that includes Mariassunta Giannetti of the Stockholm School of Economics, argues that regulatory complexity can serve a pragmatic function: it makes rules harder to evade. The researchers report that rules which appear straightforward and stringent on paper are often more easily gamed, because banks can shift exposures to other parts of the financial sector.

"Our evidence suggests the U.S. rollback risks going too far," the authors write, and they add that Britain is gradually moving in a similar direction. Those assessments come amid policy moves in both countries: in the United States, regulators are loosening supervision and trimming capital requirements with the stated aims of supporting lending and fostering innovation. In Britain, policymakers are reassessing post-crisis constraints such as ring-fencing to provide banks with greater flexibility.

The study flags a core tension in regulatory design - rules that are easier to apply and enforce can also present clearer avenues for circumvention. That concern underpins the researchers' view that simplification efforts risk unintended consequences unless they preserve elements that are essential to a rule's effectiveness.

By contrast, the paper notes that efforts underway in the European Union to streamline the regulatory rulebook while maintaining overall capital requirements are broadly in line with the study's implications, provided simplification does not strip out what the authors call "load-bearing" components of regulation.

Switzerland's response after the 2023 failure of Credit Suisse is cited as consistent with the pattern identified in the research: regulators there have adopted stricter requirements complemented by sufficient detail to limit loopholes.

The authors also caution that their findings rely on market data from listed financial institutions. As a result, the analysis may not fully reflect risks in less-regulated areas of finance, explicitly including private credit and private equity-backed lending.

Overall, the study presents a cautionary perspective for regulators considering simplification initiatives, stressing that clearer, simpler rules are not necessarily safer if they make evasion more straightforward.

Risks

  • Easier-to-apply rules may create regulatory loopholes that banks can exploit, increasing systemic risk - relevant to banks and financial markets.
  • Policy simplification that removes critical components could undermine rule effectiveness, particularly in lending and capital adequacy - impacts bank balance sheets and market confidence.
  • The study's results are based on listed financial institutions and may not capture risks in less-regulated sectors such as private credit and private equity-backed lending - a potential blind spot for regulators and investors.

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