CAPACITY BUILDING TASK FORCE Market Surveillance
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1 CAPACITY BUILDING TASK FORCE Market Surveillance Chair: Capital Markets Board of Turkey Co-Chair: Central Bank of Lebanon İstanbul 19 September 2013
2 1. Part 2. Part 3. Part 4. Part 5. Part 6. Part General framework Market surveillance Disclosure Investment firms surveillance Collective Investment Schemes Financial reporting/audit/rating surveillance 7. Part Next steps for capacity building 2
3 Overview Capacity Building Task Force (TF) aims to strengthen COMCEC Forum members national capacities in terms of Human resources, Infrastructure, technology Certifications for market participants TF should detect most favored/needed areas for technical assistance through training programs. With this vision, TF has drafted a Questionnaire. Questionnaire focuses on the tasks attached to the regulator for supervision of stock trading, supervising a sound functioning capital market and surveillance with respect to disclosure requirements, investment firms surveillance, collective investment schemes and financial reporting/audit/rating surveillance
4 General Framework Regulation and Supervision Authority : In all respondent countries there is separate securities regulator for supervision of capital markets. Cooperation with Other Jurisdictions: All respondent authorities jurisdiction give permission to cooperate with other jurisdictions. IOSCO Multilateral Memorandum of Understanding (MMoU) is one of the information exchange channel used by Maldives, Malaysia, United Arab Emirates, Pakistan and Turkey. Also there are other information bilateral or multilateral information sharing arrangements covering Arab and African countries.
5 Market Surveillance Survey Questionnaire Member Authorities Responded to the Questionnaire: i. Cameroon National Council Of Credit/ Banque Des Etats De L afrique Centrale ii. Islamic Republic of Iran Securities and Exchange Organization iii. Kuwait Capital Markets Authority iv. Maldives Capital Market Development Authority v. Malaysia, Securities Commission on Malaysia vi. Securities and Exchange Commission of Pakistan vii. Central Bank of Sudan viii. Capital Markets Board of Turkey ix. Securities and Commodities Authority of United Arab Emirates
6 1. Part 2. Part 3. Part 4. Part 5. Part 6. Part General framework Market surveillance Disclosure Investment firms surveillance Collective Investment Schemes Financial reporting/audit/rating surveillance 7. Part Next steps for capacity building 6
7 Market Surveillance Function: Protection of Investors, Ensuring the Markets Are Fair, Efficient and Transparent, Reduction of Systemic Risk. REGULATIONS MARKET SURVEILLANCE Monitoring Trading Venue, Collecting and analyzing information either on a real-time or historical basis. Detecting and taking action with respect market abuse or suspicious activities.
8 Surveillance System
9 Market Surveillance Responsibility Cooperation Surveillance Program Regulator Exchange Notification Report Evaluation Education Cameroon * - Inhouse Iran Inhouse Kuwait Smarts Malaysia Smarts Maldives - Inhouse Pakistan - - Inhouse Sudan - - Outsourced Turkey Inhouse U. Arab Emirates Smarts *In Sudan government and regional regulators has surveillance responsibilities.
10 Market Surveillance To sum up: Surveillance Authority : The main responsibility of market surveillance is with the regulators, however six countries exchanges have their own market surveillance systems. Cooperation with Surveillance Units: Seven countries surveillance units share notifications about abnormal price movements and detailed reports about surveillance results. Four countries surveillance units carry out education programs and workshops together.
11 Sanctions Manipulation (Transaction Based) Manipulation (Information Based) Insider Trading Prison Monetary Administrative Prison Monetary Administrative Prison Monetary Administrative Cameroon Iran - - Kuwait Malaysia Maldives Pakistan Sudan - - Turkey U. Arab Emirates
12 Sanctions Market Abuse Illegal Account Use Prison Monetary Administrative Prison Monetary Administrative Cameroon Iran - - Kuwait Malaysia Maldives Pakistan Sudan - - Turkey - - U. Arab Emirates
13 Regulators & Exchanges Power Regulators Exchanges Surveillance of Price movements focusing on unusual activity 8 7 Regular Monitoring of investors activities 7 6 Investigating Insider Trading 7 6 Monitoring execution of trades by insiders 7 5 Applying sanctions and Fines 8 5 Suspending trading of financial instruments 5 4 Trade bans for investors 6 2
14 Surveillance Systems Capabilities Yes No Access to real time exchange data 8 1 Access to end of day exchange data 9 - Access to depository data 5 4 Identify investors with unique numbers 8 1 Produce reports for: -Price increasing orders 9 - -Order cancellation 7 2 -Wash sales 6 3 -Short sales 5 4 Reports for suspicious investor transactions: -End of day 7 2 -Real time 7 2 Reports for abnormal price movements: -End of day 8 1 -Real time 7 2
15 Precautions Short Selling Restrictions Margin Trading Restrictions Borrowing and Lending Restrictions Collateral Obligation Market Differentiations Position Limit Market Data Restrictions Cameroon Iran Kuwait Malaysia Maldives Pakistan Sudan Turkey United Arab Emirates
16 1. Part 2. Part 3. Part 4. Part 5. Part 6. Part General framework Market surveillance Disclosure Investment firms surveillance Collective Investment Schemes Financial reporting/audit/rating surveillance 7. Part Next steps for capacity building 16
17 Disclosure Method of Disclosure Mandated for Listed Companies Newspaper + Journal Website Exchange Cameroon Iran Kuwait Malaysia Website Listed Company Special Platform Maldives Pakistan Sudan Turkey United Arab Emirates
18 Disclosure Is disclosure supervision made by a separate section of the regulator? 7 out of 9 member authorities have replied as «YES» Are financial statements of listed companies reviewed by regulator in addition to review made by the independent auditors? 7 out of 9 member authorities have replied as «YES»
19 1. Part 2. Part 3. Part 4. Part 5. Part 6. Part General framework Market surveillance Disclosure Investment firms surveillance Collective Investment Schemes Financial reporting/audit/rating surveillance 7. Part Next steps for capacity building 19
20 Investment Firms Surveillance Off-site (remote) Supervision by the Regulator Early Warning System For the Systemic Risk Management of Investment Firms Cameroon - - Iran - - Kuwait - Malaysia Maldives N/A N/A Pakistan - Sudan Turkey - United Arab Emirates - -
21 1. Part 2. Part 3. Part 4. Part 5. Part 6. Part General framework Market surveillance Disclosure Investment firms surveillance Collective Investment Schemes Financial reporting/audit/rating surveillance 7. Part Next steps for capacity building 21
22 Collective Investment Schemes Which of the following Collective Investment Undertakings exist in your market? Which methods for disclosure are employed by collective investment schemes? -Cameroon has securities investment company and real estate investment trust, paper based disclosure to the regulator is available. -Iran has securities investment company, real estate investment trust and portfolio management companies, paper based, electronic disclosure and a special platform is available. -Kuwait only venture capital investment trust is missing other forms exist, only paper based disclosure to the regulator is available. -Maldives is in the process of developing a regulatory framework for introducing Collective Investment Schemes. -Malaysia has real estate investment trust, real estate, venture capital, Exchange traded funds, business trusts & venture capital companies, paper based, electronic disclosure and a special platform is available.
23 Collective Investment Schemes -Pakistan has securities investment company and real estate investment trust and portfolio management companies. Paper based, electronic disclosure to the regulator is available. -Sudan has securities investment company and real estate investment trust, paper based disclosure to the regulator is available. -Turkey securities investment company and real estate investment trust and portfolio management companies, venture capital investment company and exchange traded funds, electronic disclosure,and a special platform is available. -UAE has only mutual funds only paper based disclosure to the regulator is available.
24 1. Part 2. Part 3. Part 4. Part 5. Part 6. Part General framework Market surveillance Disclosure Investment firms surveillance Collective Investment Schemes Financial reporting/audit/rating surveillance 7. Part Next steps for capacity building 24
25 Financial Reporting Standards IFRS National GAAP Revision By Authority Cameroon - Iran - Kuwait - Malaysia - Maldives - - Pakistan - Sudan (AAOIFI) Turkey - - United Arab Emirates - IFRS: International Financial Reporting Standards GAAP: Generally Accepted Accounting Principles AAOIFI: Accounting and Auditing Organization for Islamic Financial Institutions
26 Independet Audit Independent Audit Audit Period Audit Standarts Authorization Audit Firms Cameroon Iran Annual- Semiannual National 110 Kuwait Quarterly International 29 Malaysia Annual International 59 Maldives Annual International - - Pakistan Annual International 462 Sudan Annual National AAOIFI Turkey Annual- Semiannual National 92 Annual- International N/A Semiannual United Arab Emirates
27 Rating Agencies Mandatory Rating Rating Standarts Authorization Rating Agencies Cameroon Iran Kuwait Malaysia International 2 Maldives Pakistan ACRAA* 2/1 Sudan Turkey National 4/6 United Arab Emirates *ACRAA: Association of Credit Rating Agencies in Asia
28 1. Part 2. Part 3. Part 4. Part 5. Part 6. Part General framework Market surveillance Disclosure Investment firms surveillance Collective Investment Schemes Financial reporting/audit/rating surveillance 7. Part Next steps for capacity building 28
29 Next Steps for Capacity Building Categories for enhancing the abilities/skills of Regulators (to allow them to achieve measurable and sustainable results for further cooperation)
30 Next steps for capacity building Recommendation Countries A Creating COMCEC Expert Group on Capacity Building that is composed of Experts with an aim to support the capability of human resources to draft and enforce market rules and regulations for COMCEC capital market regulators. Iran, Kuwait, U.A.Emirates, Turkey - B Through Memorandum of Agreement/Understanding Iran, Sudan, U.A.Emirates C Work program including research, workshops and study tours about selected issues on human resources Cameroon, Iran, Malaysia, Maldives, Pakistan, U.A.Emirates, Turkey D Country specific issues Sudan, U.A.Emirates
31 Next steps for capacity building Recommendation Countries A. Developing a conceptual framework Iran, Malaysia, U.A.Emirates, Turkey B. Establishing an organizational attitude Iran, Malaysia, Sudan, U.A.Emirates C. Developing a vision and strategy Cameroon, Iran, Malaysia, Pakistan, Sudan, U.A.Emirates, Turkey D. Developing an organizational structure Iran, Malaysia, Sudan, U.A.Emirates E. Acquiring skills and resources Iran, Malaysia, Pakistan, Sudan, U.A.Emirates, Turkey
32 Capacity Building Task Force Thank you Musa Bilgehan Nacakcı: Seçil Sayın: Capital Markets Board of Turkey
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