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Why the Current Financial Regulatory Framework Needs to Be Reformed

Why the Current Financial Regulatory Framework Needs to Be Reformed

The global financial crisis that started in 2008 had a severe negative impact on economies around the world. In response to the situation, governments and financial regulators implemented a number of changes to the way the financial system is regulated.

Since global financial systems are complex and ever-changing, they pose significant challenges for the financial regulatory authority.

The current financial regulatory framework has come under scrutiny in recent years for being unable to address these challenges effectively. 

There is now a greater focus on risk management and preventing banks from becoming too big to fail. There are also new rules around aspects like capital requirements and liquidity ratios.

Despite these changes, there is still a risk of another financial crisis to happen in the future. This is because the underlying causes of the last crisis – such as debt levels and asset bubbles – have not been fully addressed yet. 

There is, therefore, a need for further reform of the financial regulatory framework. This could involve stricter rules around capital requirements and banking activities, as well as more effective supervision of banks by regulators.

In this article, we will examine five major challenges with the current financial regulatory framework and discuss solutions to address them. We will also discuss the future of financial regulation. Let us begin.

Regulatory Reform Since 2008

In response to the global financial crisis, there were many regulatory reforms at both the national and international levels:

  • Basel III was introduced in 2010 to strengthen bank capital requirements and improve risk management practices (Basel Committee on Banking Supervision, 2010).
  • The Dodd-Frank Act was passed in the US in 2011, introducing new regulations for the financial sector (Dodd-Frank Wall Street Reform and Consumer Protection Act, 2011).

There have also been changes to corporate governance rules:

  • The Corporate Governance Code was introduced in the UK in 2016, setting out new principles for how companies should be run (Financial Reporting Council, 2016).
  • The European Union also introduced a number of new directives and regulations relating to corporate governance, such as the Shareholder’s Rights Directive (European Commission, 2017a).

Despite all these changes, it is still not clear whether the current regulatory framework is adequate to deal with future risks. Various threats to financial stability need to be addressed by the financial services authority.

Threats to Financial Stability

Several threats to financial stability need to be considered when setting up future regulatory frameworks. These include:

  • Systemic risk: This is the risk that an event will trigger a chain reaction that leads to widespread economic or financial problems. For example, the collapse of Lehman Brothers in 2008 led to a global financial crisis.
  • Geopolitical risk: This is the risk that events in one country will have ripple effects across the globe. For example, Brexit led to a loss of confidence in the UK economy and triggered an economic slowdown.
  • Natural disasters: This is the risk that a natural disaster will damage critical infrastructure and disrupt economic activity. For example, Hurricane Katrina in 2005 caused widespread damage to New Orleans and led to a temporary shutdown of oil production in the Gulf of Mexico.
  • Cybersecurity risk: This is the risk that hackers will target financial institutions and steal sensitive data or money. For example, the WannaCry ransomware attack in 2017 affected more than 200,000 computers in 150 countries (BBC News, 2017).

The Current Financial Regulatory Framework

The current financial regulatory framework in the United States comprises a number of different agencies, each with its own mandate. These agencies include the following:

  • Securities and Exchange Commission (SEC)
  • Commodity Futures Trading Commission (CFTC)
  • Federal Reserve
  • Federal Deposit Insurance Corporation (FDIC)
  • Consumer Financial Protection Bureau (CFPB)

The SEC has primary responsibility for regulating securities markets, while the CFTC regulates futures and options markets.

The Federal Reserve is responsible for setting monetary policy and supervising banks. The FDIC insures your bank deposits and savings. Lastly, the CFPB is responsible for protecting consumers from unfair, deceptive, or abusive practices in the financial services sector. 

Challenges with the Current Financial Regulatory Framework

Despite its many components, the current financial regulatory framework in the US has several major weaknesses. Let us discuss each of these challenges in detail below:

  1. Lack of Coordination Between Agencies

One of the biggest challenges with the current financial regulatory framework is the lack of coordination and cooperation between different agencies. This often leads to duplication of effort and conflicting regulations.

For example, in 2012, the SEC and CFTC both proposed rules that would have required hedge fund advisers to register with the respective agency.

However, after considerable lobbying by the hedge fund industry, Congress passed a law prohibiting the SEC from finalizing its rule.

As a result, hedge fund advisers are only required to register with one regulator, the CFTC. This lack of coordination can confuse financial institutions and make it more difficult for regulators to police markets effectively. 

  1. Lack of Transparency and Accountability

Another major challenge with the current financial regulatory framework is its lack of transparency and accountability. The financial regulatory authority is not required to publish data on their activities or their impact on markets.

This makes it difficult for lawmakers, journalists, and members of the public to hold them accountable for their actions. Furthermore, many regulatory agencies do not conduct independent evaluations of their performance or effectiveness.

As a result, it is often unclear whether they are meeting their objectives. 

  1. Fragmentation and Duplication of Effort

The current financial regulatory framework is fragmented and duplicative, with multiple agencies often performing similar functions. This can lead to inefficiency.

The SEC and CFTC both have authority over derivatives markets. However, there is no coordination between the two agencies, which can result in duplication of effort and conflicting regulations.

In addition, the number of laws and regulations has increased significantly in recent years, making it more difficult for financial institutions to comply with them all. 

  1. Inadequate Resources and Capacity

Many financial regulatory agencies are underfunded and lack the resources to conduct their mandates effectively. This often leads to a lack of qualified staff and training opportunities.

Thus, many agencies are unable to keep up with the ever-changing financial landscape. In addition, private sector involvement in regulation is often discouraged, as it can be seen as a conflict of interest. 

  1. Weak Enforcement Mechanisms

Finally, another major challenge with the current financial regulatory framework is its weak enforcement mechanisms. Financial regulators have limited tools available to them for punishing violators or deterring future violations.

Penalties are often too small to serve as an effective deterrent, and many violators can avoid detection altogether. Furthermore, international cooperation on enforcement is often lacking, making it difficult to pursue violators who operate in multiple jurisdictions. 

Proposed Solutions to the Regulatory Challenges

Source

Despite the many challenges with the current financial regulatory framework, there are several proposed solutions that could help address them:

  1. Improve Coordination and Cooperation Between Different Agencies

One way to address the lack of coordination and cooperation between different agencies is to improve communication and information sharing. This could be done by establishing a joint task force or working group on financial regulation.

Another solution is to develop a coordinated strategic plan for financial regulation. This would lay out the objectives of each agency and how they can work together to achieve them.

  1. Increase Transparency and Accountability

One way to do this is by publishing data on financial regulations, their implementation, and their impact. 

Regulatory agencies should conduct independent evaluations of their performance and effectiveness. In addition, there should be increased public participation in the development of financial regulations. 

  1. Reduce Fragmentation and Duplication of Effort

To reduce fragmentation and duplication of effort, we need to streamline the rulemaking processes.

This could be done by consolidating duplicate functions across agencies, establishing clear mandates for each agency, and eliminating unnecessary laws and regulations.

Another solution is to make use of technology to improve efficiency. For example, regulatory agencies could develop online portals where financial institutions can submit reports or applications.

  1. Address Inadequate Resources and Capacity

We need to allocate the required resources to address the inadequacy issue. This would allow them to hire qualified staff in the financial services sector with relevant expertise and provide training opportunities for staff members.

It would also encourage private sector involvement in regulation through public-private partnerships or outsourcing.

  1. Enhance Enforcement Mechanisms

Another way to enhance enforcement mechanisms is to increase penalties for violators. This would create a stronger deterrent and help ensure violators are punished for their actions.

In addition, improved detection and investigation capabilities are necessary to identify and prosecute violators quickly.

Furthermore, international cooperation on enforcement is also needed so that regulators can pursue violators who operate in multiple jurisdictions. It is also important to increase public awareness of financial crimes. 

The Future of Financial Regulation

The future of financial regulation is to be shaped by a number of factors, including the continuing evolution of financial markets, advances in technology, and changes in the political landscape. 

Financial markets are constantly evolving and creating new products and services. This makes it difficult for the financial services authority to keep up and ensure that they are appropriately regulating these activities.

In addition, many financial institutions are increasingly using technology to conduct their activities. This presents a challenge for regulators as they need to ensure that they have adequate resources and expertise to understand and monitor these activities. 

Another factor likely to shape the future of financial regulation is changes in the political landscape. In recent years, there has been a shift toward populism and nationalism in many countries around the world.

This has led to calls for greater protectionism and more stringent regulation of financial markets. These trends will continue in the future, leading to further changes in financial regulation. 

It is important to set up future regulatory frameworks that benefit the finance sector without exposing it to too much risk. There are several possible options for future regulatory frameworks, including:

  • Strengthening capital requirements: This could involve increasing the amount of capital banks are required to hold or introducing new rules on how capital is calculated.
  • Introducing new prudential rules: This could involve introducing stricter limits on lending or requiring banks to set aside more money to cover potential losses.
  • Improving risk management practices: This could involve introducing new rules on how risks are identified and managed or increasing transparency around risk management processes.
  • Enhancing supervisory powers: This could involve giving regulators new powers to intervene in the affairs of financial institutions or increasing the penalties for breaches of regulation.

Conclusion

The current financial regulatory framework has come under scrutiny for being unable to effectively address the challenges posed by the evolving financial landscape.

While many challenges need to be addressed, it is possible to make improvements to the current system. With the immense changes that are yet to come in the financial sector, it is difficult to predict how exactly financial regulation will change in the future.

However, it is clear that the current regulatory framework has several weaknesses that need to be addressed. These changes would have a positive impact on the overall efficiency and effectiveness of financial regulation.

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