Do financial markets need more regulation ? 1
Jan 05, 2016
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Do financial markets need more regulation ?
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Introduction
Defi nition « Process of authorising, regulating and supervising financial markets
and financial institutions themselves » Davis & Green
W h y r e g u l a t e ? ▪ Financial markets have become bigger/ + complex/ + inter/ +
concentrated▪ Banks & FI : Big part of the real economy ▪ Possible dysfunction of the financial system ▪ Externalites caused by financial activities
Objectives of fi nancial regulation ▪ Improve information ▪ Promote financial stability (systemic risk) ▪ Maintain or enhance competitiveness of the financial sector
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Regulation today
Re g u l a t o r s
International G20 / WB / IMF / WTO …
In Europe ECB European Supervisory Agencies
European banking Authority European Securities & Markets Authority European insurance and occupational pensions authority
Financial stability board
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Regulation today
Re g u l a t o r s In USA
Fed State authorities Federal Deposit Insurance Corporation Office of the Comptroller of the Currency
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Regulation today
Re g u l a t i o n a c t s
Lamfalussy Procedures
To design the rules of the EU financial sector
Dodd-Franck Act (July 2010) – USA : - Promote stability- Increase transparency and accountability in financial
sector- Prevent bail-outs with public money and end « too big to
fail »- Protect consumers against bank failures & abusive
practices Vickers recommandations – UK
Intended to minimise risk of credit crunch
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Regulation today
Re g u l a t i o n a c t s
Basel I
Set harmonised K ratio for the stability of the banking systemBasel II
Improve minimum K requirements Supervision Transparency and market disclosure
Basel III ▪ Improve loss & shock absorption capacity ▪ Improve risk management and governance ▪ Strengthen banks’ transparency & disclosure
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Crisis : A lack of regulation ?
L o t o f c a u s e s
Macroeco factors :loose mo po & global financial imbalances causing large K inflows
Multiple failures by many FI Excessive leverage ratio to grow balance sheet & generate business
volumes Excessive recourse to wholesale & short term funding & insuficient
focus on liquidity risks Insufficient K levels Uncontrolled securitisation Lack of transparency & use of off-balance sheet techniques Governance failures
Mistakes by « surveillance agents » : rating agencies/audit firm
Inadequate regulatory framework of banks & shadow banking
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More or less regulation ?
This is not rea l ly about the level of
regulat ion,
This is more about the structure of the
fi nancia l system i tse l f
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LEVEL OF REGULATION : More ?
More or less regulation ?
LIKE WHAT ? - Rules • Labour laws• Company laws on corporate governance • Competition law rules • Accounting rules
- K & liquidity requirements (Bks/Invt Bks)
- Restrictions on acquisition of certain assets
- Separation of deposit banks and Investment
banks
CONSEQUENCES • Reduce risk but potentially trigger or exacerbate
economic difficulties or funding pb for bks
• Make the rise of K/assets more difficult
BASEL III : illustration
Leverage ratio / 2 Liquidity ratios / + K requirements / Additional risk-based rules
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LEVEL OF REGULATION : Less ?
Law of profi ts & speculat ion : More money
The system can’t regulate i tse l f : Cr is is !
Huge cost of regulat ion E x : S e p a r a t i o n o f d e p o s i t b a n k s a n d I n v e s t m e n t
b a n k s
Regulat ion is not homogeneous
More or less regulation ?
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THE STRUCTURE OF THE FINANCIAL SYSTEM
Dematerialisation of financial operations : they are not aimed at the real economy
Disequilibrium between virtual economy and real economy
Regulation & supervision not adapted
Uniformisaition of behaviours vs diversity of institutions
Too much concentration of banks & interdependence
Sectors not regulated : hedge funds & securitisation- Paradox
The deposit banks and Investment banks are not separated
Size and power of banking lobbies : Block the reinforcement of regulation authorities
Conflict of interests : Rating agencies
Serious ethical lapses : fraud / defaults …
Lack of coordination at an international / European level
More or less regulation ?
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To conclude
General Trend : More regulation
French trend : a willingness to change with the Moscovici law
The market is not an end in itself but the best way to reach economic efficiency, only if the market is regulated in the public interest.
In order to accomplish this, we need a system « based on common sense, courage and imagination to serve social justice & wealth creation » * rather than on new regulation rules.
We are in a consumer society where « only the power of money is recognised » *
Maria Nowak, l’Espoir économique