And, banks have been doing just that, in part through innovations such as securitization of loans and credit derivatives. Banks use securitization, for example, to remove their lower risk loans -- which perhaps they otherwise would not originate -- from their banking books, reducing the associated capital charges.
The rules also impose restrictions on the trust and fiduciary activities of banks that simply are not found in the statute and that are not consistent with the nature of the trust and fiduciary operations of banks.