The G20-FSB Post-Crisis Regulatory Reform Agenda: Implications for Hong Kong

Similar documents
Resolution of Global Systemically Important Financial Institutions (G-SIFIs) - Overview of International Efforts -

Session 6 Financial Regulation: convergence or divergence? Tokio Morita. Financial Services Agency January 22, 2013

Prof. Dr. Helmut Gründl. Interconnectedness between Banking and Insurance

New ISDA Resolution Stay Protocols

Preparing for NSFR. Implementing regulatory change and optimising outcomes. National Australia Bank, 2015

Understanding Financial Interconnectedness

THE NEW ERA OF GLOBAL BANK RELATIONSHIP MANAGEMENT

RETHINKING BANKING: FITTING YOUR BUSINESS MODEL TO REGULATORY CONSTRAINTS

BASEL III Basel Committee on Banking Supervision (BCBS)

Revised Operational Risk Capital Framework

AT1 Capital Instruments

Enhanced Disclosure Task Force 2015 Progress Report Appendix 4: Leading Practice Examples of EDTF Recommendations. October 2015

Financial Regulation post-financial Crisis

What is going on in Basel?

Five Years after Lehman s Collapse: Where are we going to?

Emerging from the Crisis Building a Stronger International Financial System

The Banking Industry after the Financial Tsunami: A Hong Kong Perspective

Progress of Financial Regulatory Reforms

The G20/FSB Financial Regulatory Reform Agenda

Press release Press enquiries:

BERMUDA MONETARY AUTHORITY

BASEL II & III IMPLEMENTATION FRAMEWORK. Gift Chirozva Chief Bank Examiner Bank Licensing, Supervision & Surveillance Reserve Bank of Zimbabwe

Basel Committee on Banking Supervision. Ninth progress report on adoption of the Basel regulatory framework

Systemic risk: Applications for investors and policymakers. Will Kinlaw Mark Kritzman David Turkington

Financial Stability Board. Promoting financial stability to support sustainable growth. Rupert Thorne, Deputy to the Secretary General 1 July 2013

16 th ISSA Symposium Florence Fontan ISSA WG Update BNP Paribas Securities Services

Bulletin. Decline in profitability since 2005: French banks hold their own. +10% for US banks. +66% for European banks +97% for French banks +10

Liquidity Regulation in the UK & Europe Impact on International Banks and Broker-Dealers

Most Banks Don't Need More Capital, But The Flexibility To Use It In Times Of Stress

Basel III as Anchor for Financial Regulation Is it Adequate, Feasible and Appropriate? Developed and Developing Countries Perspectives

Basel Committee on Banking Supervision. Twelfth progress report on adoption of the Basel regulatory framework

Basel III: towards a safer financial system

GAZELLE PENSIONS ADVISORY UNDERSTANDING SCHEME PENSION RISK OF BANKS IN THE UK FINANCIAL INSTITUTIONS RESEARCH JANUARY 2013

This article is on Capital Adequacy Ratio and Basel Accord. It contains concepts like -

Euro area financial regulation: where do we stand?

FSB- G20 - MONITORING PROGRESS Singapore September 2011

FSB- G20 - MONITORING PROGRESS Saudi Arabia September 2010 [For Publication in March 2011]

Session 3: Capital market development I (Developing domestic capital markets) Presentation. Capital Markets. David Adelman

Traded Risk & Regulation

Australian Bankers Association: International comparability of capital ratios of Australia s major banks

Holdings Report GS Sterling Liquid Reserves Fund

A Narrative Progress Report on Financial Reforms. Report of the Financial Stability Board to G20 Leaders

EU BANKING SUPERVISION ROEL THEISSEN. 6 9 international Publishing

Holdings Report GS Sterling Liquid Reserves Fund

Understanding Key Features of Basel III and Its Implications on Islamic Banking Industry

Basel Committee on Banking Supervision

Campbells Wines, NAB customer. "It's been an extraordinary relationship and if it wasn't for NAB, we wouldn't be where we are now.

The challenges of European banking sector reform. José Manuel González-Páramo

Due Diligence Support Pack

For financial adviser use only. Not to be used with retail clients. Due Diligence Support Pack

Bank Capital Adequacy Standards: CRD IV & Europe s transition to Basel III

Pictet Asset Management Best Execution Policy

Fintech and Innovation: From disruption to real world change

Daniel K Tarullo: Regulatory reform

Capital management and planning

Regulatory reform The Asia Pacific state of play. September 2015

ISDA Margin Survey 2011

COPYRIGHTED MATERIAL. Bank executives are in a difficult position. On the one hand their shareholders require an attractive

BLOCKCHAIN. Bureaucracy Killer MILOVAN PASINI, CO-FOUNDER NIKOLA JOKIĆ, CO-FOUNDER. kip.investmens

Committee on the Global Financial System. CGFS Papers No 34. The role of valuation and leverage in procyclicality

Foreign Banks in China 17 July 2012

Standardisation of MiFIR Post Trade Transparency and Transaction Reporting for FX Vanilla Options

EU Bank Capital Requirements Regulation and Directive

January 11, Japanese Bankers Association

Progress of Financial Regulatory Reforms

ING Group. The transformation into a liability-driven bank. Morgan Stanley Conference. Koos Timmermans CRO. London 30 March 2011

466 deals $2.1bn $16.3bn

Basel Committee on Banking Supervision & Board of the International Organisation of Securities Commissions

Implementation of Capital Requirements in Emerging Markets

Solvency II developments in selected European countries Brian Morrissey, KPMG 2004 Life Convention 7-9 November. EICC Edinburgh Scotland

SYSTEMIC RISKS AND THE INSURANCE INDUSTRY ERNST N. CSISZAR DEPARTMENT OF INSURANCE STATE OF SOUTH CAROLINA

THE REVIEW OF INTERNATIONAL FINANCIAL REGULATION: Implications for Housing Finance in Emerging Market Economies

A new regulatory landscape

G20 and Global Financial Regulatory Reform

The bank safety net: institutions and rules for preserving the stability of the banking system

Europe: Progress in bank resolution and banking union

Basel Committee on Banking Supervision. Consultative Document. Pillar 2 (Supervisory Review Process)

Brexit Time is ticking Implications and challenges of day-1 readiness from a Banking perspective

Progress of Financial Regulatory Reforms

Financial Stability Board (FSB) and its work on Shadow Banking

Remarks of Nout Wellink Chairman, Basel Committee on Banking Supervision President, De Nederlandsche Bank

Structural reform study: Supplementary report 2 Inventory of bank responses to regulatory change

Progress of Financial Reforms

Basel Committee on Banking Supervision

Financial Reforms: Completing the Job and Looking Ahead

Conference on Monetary and Financial Law

Overview of Progress in the Implementation of the G20 Recommendations for Strengthening Financial Stability

Macroprudential Framework in Bosnia and Herzegovina

FSB- G20 - MONITORING PROGRESS Switzerland September 2010 [For Publication in March 2011]

Basel Committee on Banking Supervision. Fourteenth progress report on adoption of the Basel regulatory framework

Certified Basel iii Professional (CBiiiPro) Official Prep Course Part A. Basel iii Compliance Professionals Association (BiiiCPA)

BNP Paribas. Fortis Belgium and Luxembourg: a Unique Opportunity to Expand BNP Paribas Pan-European Footprint. 6 October 2008

Nick Bayley Head of Regulation London Stock Exchange

BNP PARIBAS EUROPEAN LEADER WITH STRONG CAPITAL GENERATION CAPACITY. Fixed Income Roadshow. March 2016

To G20 Finance Ministers and Central Bank Governors

BlueBay Order Execution Policy

The Basel Core Principles for Effective Banking Supervision & The Basel Capital Accords

U.S.$70,000,000,000* Euro Medium Term Note Programme

Basel Committee on Banking Supervision

Financial Market Infrastructures oversight: The developments regarding the new financial dispensation in South Africa

Transcription:

The G20-FSB Post-Crisis Regulatory Reform Agenda: Implications for Hong Kong Professor Douglas W. Arner Head, Department of Law University of Hong Kong Douglas.Arner@hku.hk

G20 Financial Regulatory Reform Agenda Capital, leverage, liquidity and procyclicality OTC derivatives SIFIs and resolution regimes Compensation arrangements Expanding the regulatory perimeter: Shadow banking Credit ratings and credit rating agencies Hedge funds Securitisation Accounting standards Macroprudential frameworks Adherence to international standards: Monitoring and enforcement

Basel III 2013 Pillar I, II, III Capital: 8% (min. 6%) + 2.5 (capital conservation) + 0-2.5% (countercyclical) + 1-3.5% (SIFI) Liquidity: 2015, 2018 Leverage Procyclicality Systemically important financial institutions (SIFIs)

Leverage: Objectives Constrain the build-up of leverage in the banking sector, helping to avoid destabilising deleveraging processes which can damage the broader financial system and the economy Reinforce the risk based requirements with a simple, non-risk based backstop measure

Leverage ratio Average of the monthly leverage ratio over the quarter based on definitions of capital and total exposure Capital: Tier 1 Test: 2013-2017: 3% 2017 final for 2018 implementation

Liquidity No pre-crisis international standard: wide variance Basel III: Two minimums plus monitoring / supervision

Objectives Promote short-term resilience of a bank s liquidity risk profile by ensuring that it has sufficient high quality liquid resources to survive an acute stress scenario lasting for 1 month: Liquidity Coverage Ratio (LCR) 2015 Promote resilience over a longer time horizon by creating additional incentives for banks to fund their activities with more stable sources of funding on an ongoing structural basis: Net Stable Funding Ratio (NSFR) 1 year, sustainable maturity structure of assets / liabilities 2018

OTC derivatives regulation Risk management: pre-crisis Regulation: pre-crisis Regulation: post-crisis

Regulation: Pre-crisis Generally: left to private ordering Sophisticated participants only Capital adequacy / Basel II

Regulation: Post-crisis Prohibition Transparency Clearing / settlement Exchange migration Private ordering

G20 (Sep. 2009) All standardised OTC derivative contracts should be traded on exchanges or electronic trading platforms, where appropriate, and cleared through central counterparties by end-2012 at the latest. OTC derivative contracts should be reported to trade repositories. Noncentrally cleared contracts should be subject to higher capital requirements. We ask the FSB and its relevant members to assess regularly implementation and whether it is sufficient to improve transparency in the derivatives markets, mitigate systemic risk, and protect against market abuse.

SIFIs and G-SIFIs too big to fail G-SIFIs: initial list (Nov. 2011); insurance companies (2012/2013) SIFIs? Options: No failure: regulation No SIFIs / G-SIFIs: break-up Volcker, Vickers Resolution arrangements

G-SIFIs: G20/FSB Nov. 2011 Bank of America, Bank of China, Bank of New York Mellon, Banque Populaire CdE, Barclays, BNP Paribas, Citigroup, Commerzbank, Credit Suisse, Deutsche Bank, Dexia, Goldman Sachs, Group Crédit Agricole, HSBC, ING Bank, JP Morgan Chase, Lloyds Banking Group, Mitsubishi UFJ FG, Mizuho FG, Morgan Stanley, Nordea, Royal Bank of Scotland, Santander, SociétéGénérale, State Street, Sumitomo Mitsui FG, UBS, Unicredit Group, Wells Fargo End 2012 application

Cross-border financial institution insolvency: Options Treaty: EU Model Law Multilateral MoU Memoranda of Understanding (MoUs) Domestically capitalised subsidiaries

Consumer protection Depositors v investors v insurance customers Deposit insurance Investor compensation: segregation Insurance compensation: assets

Credit ratings and CRAs Regulation of CRAs Regulation through CRAs Use of ratings

Compensation (G20) Firms' boards to play an active role in the design, operation, and evaluation of compensation schemes; Compensation arrangements, including bonuses, to properly reflect risk and the timing and composition of payments to be sensitive to the time horizon of risks, with payments not finalised over short periods where risks are realised over long periods Firms to publicly disclose clear, comprehensive, and timely information about compensation Supervisors to assess firms compensation policies as part of overall assessment of soundness and where necessary intervene with responses that can include increased capital requirements

Shadow banking Scope Financial regulatory structure Financial conglomerates

Regulatory Structure: Options Sectoral (Mainland China, US) Institutional (HK and majority of jurisdictions worldwide sectoral + institutional for banks) Functional (Australia) Consolidated (UK, Japan, Singapore) Twin Peaks (Netherlands, France)

Other proposals Volcker Rule Vickers

Volcker Rule 2008 G30 study General (s. 619): prohibits depository institutions and their affiliates form engaging in proprietary trading, or acquiring or retaining an interest in a hedge fund or a private equity fund or sponsoring a hedge fund or private equity fund Scope: US banks in any location, non-us banks in the US, activities outside US involving US residents

Proprietary trading Definition: engaging as a principal for the trading account of a banking organisation or supervised NFC in any transaction to purchase or sell, or otherwise acquire or dispose of, any security, any derivative, or contract, or any other security or financial instrument that regulators may determine by rule Essence: prohibition on buying / selling securities as principal for the entity s trading account

UK Regulatory structure: twin peaks, FSMA amendments, EU implementation Vickers Commission: ring-fencing Walker review: bank corporate governance - http://webarchive.nationalarchives.gov.uk/+/ http:/www.hmtreasury.gov.uk/walker_review_information.h tm

Context Global GDP (market exchange rates): approx. US$ 70 trillion (2011) (IMF) Global trade (goods and services): approx. US$ 36 trillion (2011) (WTO) Global financial system: approx. US$ 240 trillion (2010) (FSB) Shadow banking system: approx. US$ 60 trillion (2010) (FSB) Daily global foreign exchange turnover: approx. US$ 4 trillion (2010) (BIS) OTC derivatives outstanding (end-2011): US$ 648 trillion (notional), US$ 27 trillion (replacement)

Crises Global finance and crises: Analytical framework Currency Banking / financial Debt Liquidity / solvency Private / sovereign

Prevention Financial infrastructure: payment / settlement plumbing (OTC derivatives) Well-managed financial institutions: licensing, risk management, corporate governance, market discipline Information Financial institution safety and soundness: prudential regulation

Addressing crises Liquidity provider of last resort: central bank Financial institution resolution mechanisms, including insolvency Consumer protection: deposit insurance etc

Looking forward Leverage Pillar II / III Infrastructure SIFIs (especially resolution) Cross-border mechanisms

References R. Buckley & D. Arner, From Crisis to Crisis: The Global Financial System and Regulatory Failure(Kluwer 2011) Arner: SSRN