Professional Documents
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One of the other main reasons for having strong financial regulation is increasing
information available to investors. For example because of asymmetric information in
financial markets, that means investors may be subject to adverse selection and moral
hazard problems that may hinder the efficient operation of financial markets. Risky firms
or outright crooks may be the most eager to sell securities to unwary investors, and the
resulting adverse selection problem may keep investors out of financial markets.
Furthermore, once an investor has bought a security, thereby lending money to a firm, the
borrower may have incentives to engage in risky activities or to commit outright fraud.
The presence of this moral hazard problem may also keep investors away from financial
markets. Government regulation can reduce adverse selection and moral hazard problems
in financial markets and increase their efficiency by increasing the amount of information
available to investors.
In similar ways, ensuring the soundness of financial system is the other reason for the
necessity of the rules and procedures. Uncertain and confusing information can also lead
to widespread collapse of financial intermediaries, referred to as a financial panic.
Because providers of funds to financial intermediaries may not be able to assess whether
the institutions holding their funds are sound, if they have doubts about the overall health
of financial intermediaries, they may want to pull their funds out of both sound and
unsound institutions.
The possible outcome is a financial panic that produces large losses for the public and
causes serious damage to the economy. To protect the public and the economy from
financial panics, the governments are implementing a number of regulations. These
regulations are taking the form of Restrictions on Entry; Disclosure; Restrictions on
Assets and Activities; Deposit Insurance; Limits on Competition; and Restrictions on
Interest Rates.
i. Restrictions on Entry
Governments endorse very tight regulations governing who is allowed to set up a financial
intermediary. Individuals or groups that want to establish a financial intermediary, such
as a bank or an insurance company, must obtain a charter from the state or the Federal
Government.
ii. Disclosure
There are stringent reporting requirements for financial intermediaries. Their
bookkeeping must follow certain strict principles, their books are subject to periodic
inspection, and they must make certain information available to the public.
iii. Restrictions on Assets and Activities
There are restrictions on what financial intermediaries are allowed to do and what assets
they can hold. Before you put your funds into a bank or some other such institution, you
would want to know that your funds are safe and that the bank or other financial
intermediary will be able to meet its obligations to you. One way of doing this is to restrict
the financial intermediary from engaging in certain risky activities.
For example some counties legislation separates commercial banking from the
securities industry so that banks could not engage in risky ventures associated with this
industry.
Another way is to restrict financial intermediaries from holding certain risky assets, or at
least from holding a greater quantity of these risky assets than is prudent. For example,
commercial banks and other depository institutions are not allowed to hold common stock
because stock prices experience substantial fluctuations.
iv. Deposit Insurance
The government can insure people’s deposits so that they do not suffer any financial loss if
the financial intermediary that holds these deposits fails. All commercial and mutual
savings banks, with a few minor exceptions, are required to enter deposit insurance, which
is used to pay off depositors in the case of a bank’s failure.
v. Limits on Competition;
Politicians have often declared that unbridled competition among financial intermediaries
promotes failures that will harm the public. Although the evidence that competition does
this is extremely weak, it has not stopped the state and federal governments from
imposing many restrictive regulations.
vi. Restrictions on Interest Rates;
Competition has also been inhibited by regulations that impose restrictions on interest
rates that can be paid on deposits and loans.
In subsequent sub sections, we will look more closely at general regulations of financial
markets and institutions and will see whether it has improved the functioning of
financial system.
2.2 The Principles of Regulation
Regulation requires that a careful balance be struck between effectiveness and
efficiency. It has a great potential to impose costs and should be designed to meet its
purposes while minimizing direct costs of regulation and the broader costs arising
from rules which restrict economic activity.
The main principle of the regulation of the financial markets and institutions
On the other hand, many regulations in the financial institutions’ sector spring from the
ability of some financial institutions to create money in the form of credit cards, checkable
deposits, and other accounts that can be used to make payments for purchase of goods and
services. Such creation of money is closely associated with inflation which should be
managed by the government. Financial regulation arises from the risks attaching to
financial promises. While in some other industries safety regulation aims to eliminate risk
almost entirely (for example, to eliminate health risks in food preparation), this is not an
appropriate aim for most areas of the financial activities.
How much regulatory assurance should it provide in the various areas of the financial
system?
At a minimum, this requires that the regulator has unambiguous powers to intervene in
the operations of institutions making such intense promises. Regulation should seek to
ensure that, while risk remains, those making promises ensure that risks are
appropriately managed in accordance with the reasonable expectations of their promises.
If regulation stops short of providing a guarantee against failure, it must provide speedy
and efficient mechanisms for resolving financial distress when it arises, so as to minimize
the danger of loss or contagion.
v. Regulation for Social Purposes
Obliging financial institutions to subsidies some activities compromises their efficiency
and is unlikely to prove sustainable in a competitive market. A further case for regulation
is sometimes made on the grounds that financial institutions have ‘community service
obligations’ to provide subsidies to some customer groups.
For example, financial institutions are urged to deliver certain services free of charge or at
a price below the cost of provision. This is the least persuasive case for intervention.
Financial institutions, like other business corporations, are designed to produce wealth,
not to redistribute it. This is not to say that their creation of wealth should ignore the
claims of social and moral propriety. But it is another thing entirely to require financial
institutions to undertake social responsibilities for which they are not designed or well
suited.