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Law > Business and Financial

You are looking at 1 - 8 of 8 items for :

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Cover IMF Staff Country Reports
South Africa: Financial Sector Assessment Program-Technical Note on Banking Regulation and Supervision
International Monetary Fund. Monetary and Capital Markets Department
The implementation of a twin peaks model represents a significant change to the South African financial supervisory architecture. The Prudential Authority (PA), operating within the administration of the South African Reserve Bank (SARB), is responsible for promoting and enhancing the safety and soundness of financial institutions that provide financial products and securities services. A separate authority, the Financial Sector Conduct Authority2 (FSCA), is responsible for market conduct regulation and supervision. The introduction of the twin peaks architecture was motivated by a need to increase the robustness of the financial sector regulatory and supervisory system, reinforce financial stability, improve protection of customers, and enhance cooperation among the regulators.
Keywords:
IMF-World Bank Financial Sector Assessment Program; WB staff; staff team of the International Monetary Fund; FSAP's finding; bank supervision department; H. liquidity risk; Bank supervision; Corporate governance; External audit; Auditing; Africa; Global
Cover FinTech Notes
Capital Flow Management Measures in the Digital Age: Challenges of Crypto Assets
Mr. Dong He
,
Annamaria Kokenyne
,
Xavier Lavayssière
,
Ms. Inutu Lukonga
,
Nadine Schwarz
,
Nobuyasu Sugimoto
, and
Jeanne Verrier
Capital flow management measures (CFMs) can be part of the broader policy toolkit to help countries reap the benefits of capital flows while managing the associated risks. Their implementation typically requires that financial intermediaries verify the nature of transactions and the identities of transacting parties but is facing the rising challenge of crypto assets. Indeed, crypto assets have become a significant instrument for payments and speculative investments in some countries. They can be traded pseudonymously and held without identification of the residency of the asset holder. Many crypto service providers operate across borders, making supervision and enforcement by national authorities more difficult. The challenges posed by the attributes of crypto assets are compounded by gaps in the legal and regulatory frameworks. This paper aims to discuss how crypto assets could impact the effectiveness of CFMs from a structural and longer-term perspective. To preserve the effectiveness of CFMs against crypto-related challenges, policymakers need to consider a multifaceted strategy whose essential elements include clarifying the legal status of crypto assets and ensuring that CFM laws and regulations cover them; devising a comprehensive, consistent, and coordinated regulatory approach to crypto assets and applying it effectively to CFMs; establishing international collaborative arrangements for supervision of crypto assets; addressing data gaps and leveraging technology (regtech and suptech) to create anomaly-detection models and red-flag indicators that will allow for timely risk monitoring and CFM implementation.
Keywords:
capital flow management measures; CFMs; crypto assets; digital currencies; Regtech; Suptech; untraceable transactions; crypto exchanges; distributed ledger technology; Bitcoin; FINTECH note; asset holder; capital outflow restriction; crypto asset Adoption; crypto-asset exchange; Virtual currencies; Capital flow management; Blockchain and DLT; Capital flows; Anti-money laundering and combating the financing of terrorism (AML/CFT); Global
Cover IMF Staff Country Reports
United States: Financial Sector Assessment Program-Detailed Assessment of Implementation on the IOSCO Objectives and Principles of Securities Regulation
International Monetary Fund. Monetary and Capital Markets Department
This paper discusses key findings of the Detailed Assessment of Implementation of the IOSCO (International Organization of Securities Commissions) Objectives and Principles of Securities Regulation on the United States. The United States has large, well-developed, and complex securities and derivatives markets. Postcrisis, the legal mandates of the Securities and Exchange Commission (SEC) and the Commodity Futures Trading Commission (CFTC) have significantly expanded. The level of funding of both the SEC and CFTC is a key challenge affecting their ability to deliver on their mandates in a way that provides confidence to markets and investors. The fragmented structure of equity markets remains a key challenge for the SEC.
Keywords:
ISCR; CR; CFTC regulation; SEC staff; futures contract; business model; certificate of incorporation; net capital; investment strategy; insider trading; SEC rule; open-end fund; audit program; secondary market; Securities; Credit ratings; Auditing; Stocks; Securities regulation; Global
Cover IMF Staff Country Reports
Canada: Financial Sector Assessment Program-IOSCO Objectives and Principles of Securities Regulation-Detailed Assessment of Implementation
International Monetary Fund. Monetary and Capital Markets Department
This paper presents an assessment IMF report on implementation of the International Organization of Securities Commission (IOSCO) principles in Canada. It highlights that developing an integrated and robust view of risks to support supervisory actions remains a key challenge. The IMF report suggests that the securities regulators should continue to take steps to ensure timely decision making in policy formulation. However, the current governance arrangements, based on a consensus building approach across several entities, is expected to affect timeliness of decision making.
Keywords:
ISCR; CR; securities regulator; financial market; capital issue; holding company; business plan; derivative instrument; commercial paper; terms and conditions; Securities; Auditing; Financial statements; Mutual funds; Securities regulation; Global
Cover IMF Staff Country Reports
Malaysia: Publication of Financial Sector Assessment Program Documentation—Detailed Assessment of Implementation of IOSCO Objectives and Principles of Securities Regulation
International Monetary Fund. Monetary and Capital Markets Department
The article is an account of the assessment of implementation of IOSCO principles of securities and regulations in Malaysia. This assessment was conducted by the International Monetary fund (IMF) and the World Bank. The Securities Commission Malaysia has developed its supervisory network. The rules of the governing bodies such as issuers, auditors, collective investment schemes, and markets have widened their roles. The Executive Board conducted the assessment to ascertain whether the legal securities are able to meet the standards set by the IOSCO.
Keywords:
ISCR; CR; holding company; unit trust; market maker; chief executive; clearing house; futures exchange; market intermediary; management company; insider trading; Securities; Capital markets; Auditing; Stock markets; Securities regulation; Global
Cover IMF Staff Country Reports
Israel: Detailed Assessment of IOSCO Objectives and Principles of Securities Regulation
International Monetary Fund
Israel’s compliance with International Organization of Securities Commissions’ objectives and Principles of Securities Regulation has been assessed. The regulatory regime is well developed and in most respects is comparable with that of major jurisdictions. For the most part, it is compliant with international standards and regulation, and oversight by the Israel Securities Authority is robust and effective. With regard to the regulation of broker dealers, there is a significant gap in the coverage of the regulatory regime.
Keywords:
ISCR; CR; fund manager; mutual fund; TASE rule; securities law; TASE member; portfolio manager; insider trading; financial market; issued share; capital market; Securities regulation; Mutual funds; Securities; Financial statements; Auditing; Global
Cover IMF Staff Country Reports
Kingdom of the Netherlands-Netherlands: Publication of Financial Sector Assessment Program Documentation: Detailed Assessment of Observance on IOSCO Principles and Objectives of Securities Regulation
International Monetary Fund
The Netherlands Authority for Financial Markets (AFM) has developed a robust supervisory framework, which exhibits high levels of implementation of the International Organization of Securities Commissions Principles. The AFM’s efforts are complemented by The NetherlandsCentral bank's (DNB) program of prudential supervision, which is reasonable and credible. Gaps in the legal framework for issuers, and on management of collective investment schemes, in the case of the DNB, have imposed limitations. Their ability to react in a swift manner to emerging risks in the financial sector is limited.
Keywords:
ISCR; CR; management company; audit firm; open-end fund; insider trading; equity capital; Auditing; Securities; Compliance audit; Legal support in revenue administration; Europe
Cover IMF Staff Country Reports
Austria: Financial Sector Assessment Program Update Technical Note: Factual Update and Analysis of the Basel Core Principles for Effective Banking Supervision
International Monetary Fund
This technical note highlights the financial sector assessment program update of Austria with factual update for effective banking supervision. Financial sector regulation and supervision should be conducted in the general public interest. Although authorities have acted effectively in recent cases of major problems, it is recommended that, within the legal framework in place, a set of practical provisions and procedures be elaborated for an orderly exit in case of failures and other stress situations.
Keywords:
ISCR; CR; supervision; authority; FMA staff; auditor; firm; conglomerates directive; OeNB counterpart; FMA's power; government Court of Accounts; Basel Core Principles; Operational risk; External audit; Legal support in revenue administration; Global; Southern Europe