Regulation of Microfinance: Access & Sustainability

Transcription

1 WORLD SAVINGS BANKS INSTITUTE Building Inclusive Financial Sectrs Regulatin f Micrfinance: Access & Sustainability Leading Organizatins: Financing fr Develpment Office/UN-DESA, PlaNet Finance, Wrld Savings Banks Institute Starting Date: June 2007 End Date: Fllw Up Internatinal Cnference n Financing fr Develpment, Dha, Qatar, end 2008

2 Backgrund Micrfinance The achievement f the internatinally agreed develpment gals f the United Natins agenda, including the MDGs, represents ne f the greatest challenges f ur times. As micrfinance (MF) directly prvides lw-incme peple the tls t prtect, diversify and increase their surces f incme, it can greatly cntribute t pverty reductin and ecnmic grwth. It is als a means that dnrs and develpment actrs rely upn in their cperatin strategies t reach the pr and the sciety s marginalized grups effectively. The Mnterrey Cnsensus, adpted by Heads f State and Gvernment at the Internatinal Cnference n Financing fr Develpment in 2002, explicitly recgnized that Micrfinance and credit fr micr-, small and medium-sized enterprises, including in rural areas, particularly fr wmen, as well as natinal saving schemes, are imprtant fr enhancing the scial and ecnmic impact f the financial sectr (paragraph 18). The 2005 Wrld Summit Outcme als recgnized the need fr access t financial services, in particular fr the pr, including thrugh micrfinance and micrcredit (paragraph 23 i). In additin, at its 61st sessin, the General Assembly adpted reslutin 61/214 n The rle f micrcredit and micrfinance in the eradicatin f pverty calling upn Member States, the United Natins system and ther relevant stakehlders t fully maximize the rle f micrfinance tls, including micrcredit, fr pverty eradicatin and especially fr the empwerment f wmen, and t ensure that best practices in the micrfinance sectr are widely disseminated (paragraph 5). While MF is guided by ne cmmn key principle, i.e. prvisin f financial services t thse with n access, it can take many frms: cmmunity based rganizatins, financial cperatives and credit unins, pstal and nn-pstal savings banks, private players, NGOs, state develpment and agricultural banks. MF has been grwing expnentially in the past decade. In 1998, nly 3000 institutins served 12 millin clients. At present, there are mre than 10,000 MF institutins reaching 92 millin clients entrepreneurs. Yet, uncvered needs are high. Abut 3 billin peple, 80% f ptential clients, have n access t financial services. 1 The United Natins estimated that 500 millin entrepreneurs are in need f MF services. 2 Increasing access t finance thrugh building inclusive financial sectrs presents a number f challenges, including imprving the plicy and regulatry envirnment, strengthening financial institutins and infrastructure and mbilizing surces f funding fr MF. Regulatin f Micrfinance Due t the expansin f MF thrugh new institutins, dwnscaling f services by regulated banks, and transfrming f small nn-gvernmental service prviders t majr financial institutins fr servicing small-scale clients, it has been increasingly recgnized that MF activities need t be brught under the financial sectr s regulatry framewrk. In many cuntries, this framewrk is underdevelped, in thers partially applied. Retail financial institutins are ften frustrated by the incmpatibility f the existing regulating framewrk with their grwth trajectry. The legal, regulatry and supervisry framewrks are challenged t nt nly keep up, but lead the way fr the develpment f inclusive finance. Plicy makers and regulatrs need t identify the pprtunities fr inclusin and t respect the fundamental principles f prtecting the custmer and the financial system. There are n detailed cmmn guidelines based n universal principles fr the develpment f MF regulatin in a given 1 Micrcredit Summit Campaign Reprt United Natins Capital Develpment Fund - Basic Facts Abut Micrfinance 2

3 cuntry, hwever. Studies have fund that cuntries take distinct and diverse appraches t address the key matters in MF regulatin. Many issues remain unreslved and need t be urgently addressed in a multi-stakehlders envirnment. Prpsed prject The Financing fr Develpment Office (FfDO) f the United Natins Department f Ecnmic and Scial Affairs (DESA), intends t wrk in partnership with PlaNet Finance and the Wrld Savings Banks Institute (WSBI) t fster multi-stakehlder discussin n the issue f regulatin f MF. The prject entails an analytical prcess t elabrate gd practices in regulatin f MF n a reginal and internatinal basis. This will facilitate the understanding f regulatry chices and their impact. The prject als plans a series f reginal cnferences t benefit frm lcal feedback n research undertaken and t ensure interested stakehlder wnership f the prcess. Objective The prject will cntribute t plicy making in the field f regulatin f MF. The final aim is expanding access t financial services fr the benefit f pverty reductin and ecnmic develpment. Key Issues Key issues t be addressed are the fllwing: Prudential regulatin f MF: What changes in the existing legislative and regulatry framewrks are needed t remve barriers t MF? Shuld there be specialized MF regulatin? Which MF institutins/activities shuld be regulated? What adaptatins t banking regulatins are necessary fr cmmercial banks and ther regulated financial institutins t prvide MF n a level playing field? Hw can regulatry framewrks accmmdate technlgical changes in the prvisin f financial services, e.g. branchless banking? Regulatry changes in respnse t the internatinalizatin f financial sectrs: what adaptatins f Basel II and internatinal anti- mney-laundering and cmbating the financing f terrrism (AML/CFT) legislatin are needed fr MF? What regulatry changes are needed t deal with freign exchange risk in MF? Nn-prudential regulatins fr MF: Cnsumer prtectin regulatins that apply t MF against abusive lending and cllectin practices and ensuring truth in lending. 3

4 Usury laws limiting interest rate n bank lans when applied t MF they restrict the sustainability f MF because f its higher transactin csts. Taxatin f MF in areas f financial transactin tax and prfits tax. Supervisry structure and capacity: Cnsistency between supervisry structure and capacity and the regulatry framewrk is needed t ensure that MF regulatin will be effectively enfrced. Activities The prject will entail: 1. Reginal surveys t study legal framewrks with regard t MF. The aim is t identify cmmn and divergent characteristics at the reginal level (Asia, Latin America and Africa). This wuld allw the develpment f gd practices in regulatin f MF. Five cuntries per regin will be chsen and surveyed, updating and building n existing data cllected by CGAP & IRIS s cmparative regulatins database and ther relevant surces. The gd practices in regulatin f MF will be published. 2. Organizatin f 3 reginal cnferences (cvering Africa, Latin America and Asia) t prvide frums fr discussin amng reginal multi-stakehlders f the results f the studies. 3. Presentatin f the results f the prject at the Fllw-up Internatinal Cnference n Financing fr Develpment (Dha, Qatar, end 2008). Expected Outcmes 1. Publishing f gd practices in regulatin f MF. 2. Frums fr the discussin f MF regulatry issues with the participatin f all interested stakehlders. 3. Input int the Fllw-up Internatinal Cnference Financing fr Develpment n plicies t increase financial access. Value Added Partnership The FfDO has been wrking n the issue f MF in fllw-up t Chapter II.A f the Mnterrey Cnsensus: Mbilizing Dmestic Financial Resurces fr Develpment. In particular, the FfDO in cllabratin with the United Natins Capital Develpment Fund (UNCDF) crdinated a number f activities f the Internatinal Year f Micrcredit (2005). These included a series f reginal multi-stakehlder cnsultatins and the drafting f the Blue Bk, frmally titled, Building Inclusive Financial Sectrs fr Develpment. Fllwing the publicatin f the bk in May 2006, the FfDO is nw fcusing n regulatry and supervisry issues. Organizing wrkshps, multi-stakehlder cnsultatins, panel discussins and ther activities aimed at better enabling member cuntries t implement their cmmitments as agreed in the Mnterrey 4

5 Cnsensus is part f FfDO mandates. 3 The FfDO thus brings internatinal plicy perspective and legitimacy t the prcess as well as the benefit f the UN s cnvening pwer. PlaNet Finance has develped expertise in the field f regulatin since its inceptin. As part f its cnsulting services, PlaNet Finance has been advising gvernments and undertaking a number f studies and research n develpment f regulatry framewrks fr inclusive financial sectrs. Recently, PlaNet Finance created a permanent unit n regulatin. Frm a legal standpint, PlaNet Finance is supprted by tw internatinal law firms: Orrick Herringtn & Sutcliffe and Lefèvre Pelletier & Assciés. In cllabratin with Orrick and with the participatin f CGAP, PlaNet Finance rganized a preliminary cnference t discuss the issue f regulatin in December Thanks t its widespread internatinal netwrk, PlaNet Finance has the ability t rapidly cllect infrmatin n regulatry framewrks in many develping cuntries. In additin, PlaNet finance brings the perspective f private sectr investrs thrugh the experience f its investment cmpany, Micrcred, investing in greenfield institutins in emerging regulatry envirnments. As a nn-prfit internatinal banking assciatin, WSBI aims at strengthening its member banks s as t increase their efficiency and prmte their integratin in the financial cmmunity. Savings banks prvide three quarters f the 1.4 billin identified accessible accunts in develping and transitin ecnmies. WSBI was ne f the main cntributrs t the Blue Bk, supprting the authrs with case studies frm WSBI members and the cnvening f a reginal multistakehlder cnsultatin. WSBI has been wrking n the issue f regulatin and supervisin f MF, advised by its Financial Regulatin Cmmittee and its Supervisin and Capital requirement Cmmittee. It has prduced several publicatins tackling the issue f regulatry envirnments prmting a level playing field fr MF prviders and, mre generally, enabling the creatin f inclusive financial sectrs. Other Partners The FfDO, PlaNet Finance and WSBI welcme partners in the prject interested in prviding substantive, rganizatinal and financial supprt. Cntact Infrmatin Ms. Ann Orr, rr@un.rg, tel Ms. Tania Cernuschi, cernuschi@un.rg, tel Mr. Arnaud Ventura, aventura@planetfinance.rg Mr. Mark Bienstman, mark.bienstman@savings-banks.cm 13/04/ United Natins General Assembly reslutin 60/188 n Fllw-up t and implementatin f the utcme f the Internatinal Cnference n Financing fr Develpment. 5

6 Actin Actrs Timetable Details Gd practices in regulatin f MF FfDO/DESA, Planet Finance, WSBI & Other Ptential Partner Organizatins June- Nvember cuntries per regin will be selected and surveyed A Steering Cmmittee cmpsed f UN-DESA, PlaNet Finance, WSBI, CGAP, WB, IMF, UNCDF and thers will guide and supervise the wrk. Gd practices in regulatin f MF will be published after revisin. 3 reginal cnferences PlaNet Finance, WSBI, FfDO/DESA & Other Ptential Partner Organizatins December 2007 June 2008 The 3 reginal cnferences will cver: Africa Asia Latin America Partner rganizatins will hst, cntribute t fund, the meetings 6