Chapter 3: The Canadian Regulatory Environment Flashcards

1
Q

what does the OSFI do

A

office of the superintendent of financial institutions
- Regulates and supervises banks, insurance, trust and loan companies, pension plans
- It does not supervise the Canadian securities industry – this is done provincially

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2
Q

what is the Canadian Deposit Insurance Corporation (CDIC)

A
  • Federal Crown corporation
  • Insures deposits up to $100k per depositor in each financial institution
  • You personally can be insured for a total greater amount than $100k – the insurance is for each “account” – bank account; mortgage etc.
  • However, this insurance is not for mutual funds, stocks, bonds
  • applies for term deposits (ex. savings, chequing, GICs) if they mature < 5 years
  • > 5 years, they are not insured
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2
Q

Why would the Canadian government wish to insure bank deposits but not stocks / shares in Canadian companies?

A

they want Canadians to have confidence in their banking systems -> canadians would deposit their money in banks

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2
Q

how is the canadian securities industry regulated

A
  • The Canadian securities industry is regulated provincially
  • Each province has its own securities commission – in Ontario it is the Ontario Securities Commission (OSC)
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3
Q

what is the canadian securities association (CSA)

A
  • formed by all 13 securities commissions to provide a national umbrella group to co-ordinate provincial activities (but only co-ordinate)
  • provide securities regulatory system that protects investors from unfair, improper, or fraudulent practices
  • helps make it fair, efficient, & vibrant capital markets
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3
Q

why have efforts to set up a national securities commission been resisted by some provincial commissions

A
  • currently the provincial commissions have a lot of power
  • if they set up a national securities commission, those provincial commissions would have less power (they don’t want that)
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4
Q

what is an SRO

A
  • self-regulatory organizations
  • An organization owned by its members that regulate and police themselves
  • deals with member regulation, listing requirements, & trading regulation
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5
Q

what are examples of SROs

A
  • TSX
  • Mutual Funds Dealers Associations (MFDA)
  • Investment Industry Regulatory Organization of Canada (IIROC)
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6
Q

what does the Investment Industry Regulatory Organization of Canada (IIROC) do

A
  • IIROC oversees all investment dealer and trading activity in the Canadian debt and equity markets
  • Monitor member firms for capital adequacy and business conduct
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6
Q

what is the purpose of IIROC

A
  • purpose is to set high quality regulatory & investment industry standards, protect investors, & strengthen market integrity while keeping efficient & competitive capital markets
  • also a national SRO & therefore needs to ensure national policies & rules reflect the various perceptions of people in all parts of the country
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6
Q

what is capital adequacy

A
  • It is the amount of money (capital) that firms must set aside when holding bank deposits / making loans / raising capital for corporations
  • If firms require less capital – their returns on this capital will be greater
  • However, the greater the risk to these firms and the overall financial system (that was the financial crisis)
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6
Q

what happened in the financial crisis

A
  • companies in the US didn’t have much capital (they wanted less capital bc it meant more gain if value of assets don’t decrease)
  • because having more capital = dilution of ownership for others
  • when the financial crisis happened, the value of assets (mortgages) went down while the amount of liabilities stayed the same
  • since A = L + E, companies had to remove equity to balance it back out
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7
Q

what happened in the financial crisis for Canada

A
  • real estate didn’t go down as much as it did in the US
  • but regulations in Canada has required companies to have more capital
  • so the canadian market didn’t face too much of an affect
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8
Q

what is short selling

A
  • selling for higher
  • buying back later for less
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9
Q

how does IIROC serve as a securities industry regulator

A
  • Formulates standards and policies for Canadian debt and equity markets
  • Monitors sales and trading activities of member firms
  • regulates the qualifying & registration process of member firms
  • If you dare to commit illegal trading activity as an investor in Canada, you are likely to hear from IIROC
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10
Q

why is IIROC an extremely important part of a properly functioning Canadian capital environment

A
  • because of how it reduced the affect of the great recession/financial crises
  • The financial crises brought much criticism upon financial institutions and the organizations that regulate them, since they make companies have more capital
  • but Canadian financial institutions were not nearly as affected as U.S. / European companies
  • but the More stringent regulation was only partly a reason for this
  • Going forward, there will be much greater scrutiny of financial institutions / regulators to ensure that a similar crisis is avoided
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10
Q

what is the MFDA

A
  • Mutual Fund Dealers Association
  • Created in 1997 as a result of growth and need for regulation in mutual fund industry
  • Goal of MFDA – establish a fund similar to Canadian Investor Protection Fund (CIPF) to protect mutual fund investors up to $100k per account
  • Such a fund would be funded by MFDA member firms
11
Q

what is the Canadian Investor Protection Fund (CIPF)

A
  • Protects investors from losses due to bankruptcy of its member firms (most investment dealers and stock exchanges)
  • Role is to anticipate and solve financial difficulties at member firms before bankruptcy occurs
  • an investor is automatically covered by the Fund the moment they become a customer to any of the SROs
  • Provides coverage of up to $ 1 million related to losses from security holdings and cash balances combined – if a member firm goes bankrupt
  • No losses are covered as a result of change of market values
12
Q

what is legislation and regulation designed to do

A

to protect investors and promote ethical standards

12
Q

who establishes the regulations

A
  • provincial securities
  • In the U.S., a national body, the Securities and Exchange Commission (SEC) does this
  • the Canadian Securities Administrators (CSA) issue national policies that promote consistency in the regulatory environment across Canada
12
Q

what is the fundamental principal of many regulations

A

to ensure that full, true and plain disclosure of all material facts relating to the securities offered is provided to investors

12
Q

what are the 3 basic methods used to protect investors

A
  • Registration of securities dealers and advisors
  • Disclosure of material facts
  • Enforcement of the laws and policies
12
Q

who are investment advisors/financial advisors/brokers

A
  • helps you with investing
  • works for investment dealers/investment banks
13
Q

what must sellers of securities (usually investment dealers) and investment advisors (IAs) must be

A

registered
- administrators can grant, suspend, or cancel registrations

13
Q

What do IAs need to do to be registered

A
  • New IAs must pass the Canadian Securities Course (CSC) and the Conduct and Practices Handbook for Securities Industry Professionals (CPH)
  • Complete a 90 day training course
  • Be subject to 6 months of supervision
  • Complete the CSI’s (Canadian Securities Institute) Wealth Management Essentials course within 30 months of becoming an IA
14
Q

what should IAs and member firms have towards their clients

A

fiduciary obligation

14
Q

what does it mean to have fiduciary obligation

A
  • This means that they must operate in the best interests of their clients and not their own (i.e. Sell a mutual fund to a client that gives a big fee to an IA but is not suitable to that client)
15
Q

what are the obligations members firms and IAs must keep

A
  • Not reveal confidential information
  • Avoid conflicts of interests
  • Ensure that all representations to clients are made honestly and in good faith (i.e. Tell the truth)
  • Follow client instructions
15
Q

what happens if an IA fails in any of their obligations

A
  • it considered a breach of fiduciary duty
  • Not only are they doing a lousy job, they could also be disciplined
16
Q

who gives out the discipline for the member firms and IAs that breach fiduciary duty

A
  • The SROs for the member firms / IAs
    These include:
  • The TSX and other exchanges
  • IIROC
  • MFDA
17
Q

what are the 4 main areas of member/IA regulation

A
  • Financial compliance
  • Sales compliance
  • Registration
  • Enforcement
18
Q

what are the 3 areas of market regulation

A
  • Market surveillance (tracking whether there is insider trading);
  • Investigation enforcement; and regulatory / market policy
  • Where all transactions converge in one location
18
Q

how does IIROC provide investor protection

A

by administering and enforcing a common set of trading rules (the Universal Market Integrity Rules) across all markets in Canada

18
Q

how is ethical trading critical

A
  • critical to the proper functioning of capital markets
  • If the game is rigged – who is going to want to play?
18
Q

what is the punishments for unethical behaviour

A

Unethical behaviour can be punished by fines, suspensions, criminal charges

18
Q

what is moral hazard

A

if bad behaviour isn’t punished, seems like it is encourage

19
Q

what are examples of unethical behaviour

A
  • Deceiving the public (lying)
  • Misleading a board of directors
  • Assuring no risk
  • Violating statutes
  • insider trading
19
Q

what is insider trading like

A
  • when you work in a company & have non-public material information & then trade on it
  • like if you know your company will acquire another, so you know to expect the share price of the acquired, and you buy the shares before the price increases
  • the punishment can be a fine, ban on working, and ban on trading shares
20
Q

what are companies required to disclose

A
  • Annual and quarterly financial statements
  • Insider trading reports
  • Information circulars
  • Annual information forms
  • Press releases
  • Material change reports
20
Q

what is insider trading (the legal kind)

A
  • an insider (person who works in the company) that is buying shares of their own company or others
  • is legal provided insider trading rules are adhered to
  • Insiders are required to file reports reporting their trading activity in the company for which they are an insider
20
Q

who are insiders defined as

A
  • Directors or senior officers (CEO / CFO)
  • A person or company controlling greater than 10% of the voting securities
  • A reporting issuer that has acquired any of its own securities (i.e.. Buying back its own shares)