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W. Jean Kwon, Ph.D., CPCUSchool of Risk Management, St. John’s University

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Risk Management and Insurance: Perspectives in a Global Economy

8. Regulation of Private-Sector Financial Services

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Study Points

Private-sector financial services

Government’s role in regulating private-sector financial services

Overview of financial services regulation

Structure of regulatory authorities

Governmental actions affecting financial services regulation

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Private-sector Financial Services

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Financial intermediaries Definition

• Firms/entities that bring together providers and users of funds

Functions• Market financial services products offered through the financial intermediation process

• Not actually manufacture (underwrite) all of the products they sell

• Match savers with investors, thus obviating the need for savers to locate investors directly and vice versa

Notes• All financial intermediaries issue their own claims.

• Financial intermediaries would not exist in a perfect market.

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Types of Financial Intermediaries

Depository institutions

Security firms (investment banks)

Insurance companies

Mutual funds

Pension funds

Financial conglomerates• Financial conglomerates• Product integration or advisory integration

Financial conglomerates and financial services integration in Chapter 25!

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Government’s Role in Regulating Private-sector Financial Services

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Why Regulate Financial Services?

Market imperfection

Information asymmetry – the “lemons” problem

Market power

Negative externalities – possibility of systematic risks• Risk of cascading failure• Simultaneous withdrawal by depositors (caused by a loss of

confidence in the financial institutions)

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Public Interest Theory of Regulation

Regulation is:

• To serve the public interest by protecting consumers from abuse.

• To maximize economic efficiency, including preventing or making right significant societal or consumer harm that results from market imperfections

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Private Interest Theories of Regulation Theories

• Peltzman (1976) – Self-interested regulators engage in regulatory activities consistent with maximizing their political support.

• Meier (1988) – Regulation is shaped by bargaining between private interest groups within the existing political and administrative structure.

• Stigler (1971) – Regulation is “captured” by and operated for the benefit of the regulated industry.

Regulation unduly influenced by special interests could result in:• Restrictions on entry of new domestic and foreign entrants• Suppression of price and product competition• Control of inter-industry competition from those selling similar or complementary products

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When is Regulatory Intervention Justified?

Only if the three conditions are met:

• Actual or potential market imperfections exist.

• The market imperfections do or could lead to meaningful economic inefficiency or inequity.

• Government action can ameliorate the inefficiency or inequity.

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Government Failures

Difficulty in identification and formulation of goals

Principal-agent problems where government employees are agents for the public

Rent-seeking behavior engaged by the regulated

The problem of capture (related to the rent-seeking behavior)

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Financial Services Regulation

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Regulatory Interventions

Prudential regulation• Concerned with the financial condition of the financial intermediary• Evolved primarily because of information problems and negative

externalities (especially for banking)

Market conduct regulation• Government prescribed rules establishing inappropriate marketing

practices• Evolved primarily because of information problems

Competition policy (antitrust) regulation• Concerned with actions of the intermediary that substantially lessen

competition• Remains the most critical element in government oversight

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Commercial Banking Regulation

Commercial banks are subject to oversight in every national market.

Every major market provides for some type of deposit insurance on the savings of customers.

Banks are subject to oversight by the nation’s central bank and/or a banking regulator.

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The Basel Committee on Banking Supervision (BCBS)

Two principles1. No foreign banking establishment should escape supervision2. Supervision should be adequate

The Basel Capital Accord• A banking credit risk management framework with a minimum capital

standard of 8%

Basel II (newer)• Minimum capital requirements• Supervisory review of an institution’s internal assessment process

and capital adequacy• Effective use of disclosure• Insight 8.1

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Securities Regulation

Focuses on both the new and secondary issues markets, mandating certain disclosures to prospective purchasers about the securities

To rectify buyers’ information asymmetry problems

The Sarbanes-Oxley (SOX) Act

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International Organization of Securities Commissions (IOSCO)

Objectives and Principles of Securities Regulation (IOSCO Principles)

ISOCO Assessment Methodologies

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Insurance Regulation

Focused chiefly on monitoring and preventing insolvencies• Aimed more at protecting policyholders from losses occasioned by

insurer insolvency

International Association of Insurance Supervisors (IAIS)• Promotes cooperation among insurance supervisors• Sets international standards for insurance regulation and supervision• Issues principles, standards and guidance papers on issues related

to insurance supervision

Insurance regulation and taxation is discussed in Chapter 24.

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Financial Conglomerate Regulation

Details of financial institution regulation vary not only from country to country but from financial sector to financial sector.

Permissible activities (Table 8.1)• The majority of countries allow joint banking and securities activities• Most permitting banks to undertake securities activities within the

bank itself• Few, if any, countries permit insurance underwriting within a bank

The Joint Forum on Financial Conglomerates (Joint Forum)• Consists of the Basel Committee, IOSCO and the IAIS• Examines the common interests of the three financial services and

develops principles and identifying international best practices

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Structure of Regulatory Authorities

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Structure of Regulatory Authorities

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Governmental Actions

After the Asian and other financial crises of the late 1990s• Financial services regulation has become less diverse• The major intergovernmental organizations involved in financial

services regulation playing more active and constructive roles

The trend toward allowing mutual insurers and banks to convert to shareholder-owned firms

Privatization of banks and insurance firms in several countries

Significant combinations of banks and insurance firms

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Governmental Actions (2007 Credit Risk Crisis)

Contagion of credit risk around the world• Coordination at the government and inter-government organization level

Movement back to stringent regulation• Governments loss of confidence in self regulation• More emphasis on risk-capital (solvency) and market conduct regulation

Increase in government takeover (control) of financial institutions

Search for newer sources of capital by financial institutions• Sovereign funds

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Future Prospects

Risk-based prudential regulation• New disclosure-based financial regulatory model evolving

internationally• Integrated international approaches to accounting standards,

securities regulation and financial institution regulation

Interest in common international financial regulation in areas for which such would be feasible

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Discussion Questions

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Discussion Question 1

Explain carefully why government regulation of private-sector financial service firms is considered necessary.

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Discussion Question 2

Debate the following proposition: “government regulation of insurance premium rates is justified.”

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Discussion Question 3

What are the essential differences between government supervision of banks and of insurers? Why do these differences exist?

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Discussion Question 4

Examine the structure of financial regulation in your home country and compare it with the structure in another economy. Do you find any significant differences in the structures or in the accompanying regulatory objectives? Elaborate your findings.

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Discussion Question 5

Offer your answers to the questions posed in Note 2 of this chapter.• “Could there be a “chicken and egg” problem here? Could regulation

that shields consumers from the consequences of their mistakes or from failing to become better informed about the quality of financial intermediaries result in their expecting government protection? Is it possible that the market might devise its own means of minimizing the effects of mistakes and providing consumers with adequate information were government intervention at a lesser level?”