Recently (July 2010), the Bank of International Settlements released their latest working paper – Countercyclical capital buffers: exploring options – which discusses the concept of counter-cyclical capital buffers. This is in line with a growing awareness that prudential regulation has to be counter-cyclical given the destabilising pro-cyclical behaviour of the financial markets. Several readers have asked me to explain/comment on this proposal. Overall it is sensible to regulate private banks via the asset side of the balance sheet rather than the liabilities side. The countercyclical capital buffers proposal is consistent with this strategy and would overcome the destabilising impact of a reliance on minimum capital requirements that plagued the first two Basel regulatory frameworks. However, I would prefer a fully public banking system which can deliver financial stability and durable returns (social) with much less risk overall.