Chapter 3 - Regulation Flashcards

1
Q

What are the Aims of regulation?

A
  • Limit the likelihood of failures
  • Limit the potential cost of failure
  • Limit the need to step in as lender of last resort
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2
Q

What are the principal Aims of regulation?

A
  • Correct perceived inefficiencies
  • Protect consumers
  • Maintain trust
  • Reduce financial crime
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3
Q

Describe the costs around regulation?

A
  • Regulation has a cost
  • Achieve their aims at minimum cost and hope that benefits outweigh the cost
  • Direct and Indirect costs
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4
Q

What are the functions of a regulator?

A
  • Influence and review government policies
  • vetting and registration of firms and individuals
  • Supervising prudential management
  • Supervising market conduct and taking enforcement where needed
  • Enforcing regulation, investigate suspected breaches, imposing sanctions
  • Providing information to consumers and the public
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5
Q

What is the need for regulation?

A
  • Need is greater in Financial Markets than other markets
  • Confidence
  • Asymmetric Information
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6
Q

Why is confidence in the Financial Market important?

A
  • There is a danger of problems in one area spreading to another
  • The damage done by a systemic financial collapse
  • Ensure failure of one participant doesn’t threaten the whole system
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7
Q

What is Asymmetric Information?

A
  • When at least one party has relevant information that the other party or parties do not have
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8
Q

What is Anti-Selection?

A
  • More likely to take out a policy if the person believes their risk is higher than what was priced for
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9
Q

What is Moral - Hazard?

A
  • The action of a party that behaves differently to what they normally would if they were fully exposed to the consequences
  • Leaving the origination to bear the consequences of the action
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10
Q

Why is Information asymmetry important to regulators?

A
  • Information asymmetry between the product provider and end customer
  • ie. A bank gains at the expense of the consumers through complex pricing
  • There exists a difference in expertise and negotiating strength in financial transactions - retail markets
  • Insurance, Investment and Pensions can have a significant impact on future economic welfare of individuals
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11
Q

How can a regulator deal with Information Asymmetry?

A
  • Disclose information in plain language
  • Chinese Walls (for conflicts)
  • cooling-off periods
  • customer legislation on unfair contract terms and TCF
  • ‘Whistle Blowing’
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12
Q

How can a regulator ensure confidence is maintained?

A
  • Checks on Capital Adequacy of providers
  • ensure practitioners are competent and act with integrity
  • industry compensation schemes
  • ensuring orderly and transparent markets
  • stock exchange requirements
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13
Q

Outline the different forms of Regulation?

A
  • Prescriptive through rules
  • Freedom of action with rules in publicity
  • Outcome Based - Freedom of Action but set outcomes
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14
Q

Challenges with Statutory regulation?

A
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15
Q

What roles do major FIs play?

A
  • Central Bank - controlling/influencing economic variables - acting as lender of last resort
  • State Intervention - Provision of products (through state monopoly companies), control of premiums
  • Large Market Participants - influence premium rates, allow smaller participants to find niche markets, distort market and may use to much regulatory resources
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16
Q

What regulations are being considered to address climate change?

A
  • consider climate risk in business decisions and strategy
  • effectively disclose and report on climate related risks and opportunities
  • adopt a consistent and reliable means of assessing, pricing and managing climate based risks
  • incorporate environmental, social and governance (ESG) factors into investment management decisions
  • incorporate financial risks from climate change into existing risk management processes
  • use scenario analysis to inform risk identification and estimate the impact of financial risk arising from climate change
  • consider impact of climate risks on ability to meet obligations towards policyholders and other key stakeholders