vaughan Flashcards
adv of single fed regulator
- national uniformity
- single voice
- more efficient
- avoid cost of duplicative & overlapping regulation
Reasons regulations fail (3)
- human error
- regulatory forbearance – regulators don’t take action
- regulatory capture – regulators influenced by political groups (mortgage industry captured regulators)
what is regulatory forbearance
regulators dont take action
what is regulatory capture
regulators influenced by political groups (mortgage industry captured regulators
Results of regulatory forbearance
CEO takes on more risk to save company
CEO has most to gain and nothing to lose if they think they will fail anyway
consumers lose most
Why regulatory forbearance exists (why regulators don’t take action)
- failure during intervention hurts regulators reputation
- intervention is unpleasant
- hope co might pull thru on its own
- co is part of community
Checks & balances in state based regulatory system
- peer pressure – don’t want to be only state not to intervene
- duplication – each state has chance to find issues
- diverse perspectives – moderate amt of regulation prevails instead of extreme reg or deregulations
- market discipline & moral hazard – can not rely on federal bailouts as its hard to get federal funds
NAIC Financial Analysis Division
vs
NAIC Financial Analysis Working Group
Financial Analysis Division: reports unusual financial analysis findings on nationally significant insurers to FAWG
vs
Financial Analysis Working Group: regulators ask domiciliary regulator questions about troubled insurers
effective international regulatory system requires 4 things
free sharing of information among countries
ability of 1 country to take action if unsatisfied w/ other
each country has _confidence in each othe_r (independent verification)
mechanism to fix instances when assets can not cover claims
NAIC made principles to promote uniformity & reciprocity across states (3)
balance federal uniform standards w/ local non-uniform standards
- states should set/enforce standards
- state (regulators) should have equal standing as other regulators