particularly
in
assessing the quality of risk management
in financial institutions and evaluating
whether these institutions have adequate
procedures to determine how much cap-
ital they need.
3. Pillar 3 focuses on improving market dis-
cipline through increased disclosure of
details about banks credit exposures,
amounts of reserves and capital, officials
who control the banks, and the effective-
ness of their internal rating systems.
Although Basel 2 makes great strides
toward limiting excessive risk taking by inter-
nationally active financial institutions, it
greatly increases the complexity of the accord.
The document describing the original Basel
Accord was 26 pages, while the final draft of
Basel 2 exceeded 500 pages. The original
timetable called for the completion of the final
round of consultation by the end of 2001, with
the new rules taking effect by 2004. However,
criticism from banks, trade associations, and
national regulators led to several postpone-
ments. The final draft was not published until
June 2004 and Basel 2 started to be imple-
mented at the end of 2007 by the Big Six
internationally active banks in Canada, and
at the beginning of 2008 by European banks.
American banks submitted plans for compli-
ance with Basel 2 in 2008, but full implemen-
tation did not occur until 2009. Only the
dozen or so largest U.S. banks are subject to
Basel 2: all others will be allowed to use a
simplified
version
of
the
standards
it
imposes.
There are several serious criticisms of
Basel 2 that cast doubts on how well it will
work. First, its complexity could make it
unworkable. Second, risk weights in the
standardized approach are heavily reliant on
credit ratings. Since these credit ratings have
proved to be very unreliable on subprime
mortgage products during the recent finan-
cial crisis, there are serious doubts that the
standardized approach will produce reliable
risk weights. Third, Basel 2 is very pro-
cyclical. That is, it demands that banks hold
less capital when times are good, but more
when times are bad, thereby exacerbating
credit cycles. Because the probability of
default and expected losses for different
classes of assets rises during bad times, Basel
2 may require more capital at exactly the
time when capital is most short. This has
been a particularly serious concern in the
aftermath of the subprime financial crisis. As
a result of this crisis, banks capital balances
eroded, leading to a cutback on lending that
was a big drag on the economy. Basel 2 may
make such cutbacks in lending even worse,
doing even more harm to an economy.
similar to the screening of potential borrowers, regulations restricting risky asset
holdings are similar to restrictive covenants that prevent borrowing firms from
engaging in risky investment activities, capital requirements act like restrictive
covenants that require minimum amounts of net worth for borrowing firms, and reg-
ular examinations are similar to the monitoring of borrowers by lending institutions.
A chartered bank obtains a charter either by an Act of Parliament or through
application to the Minister of Finance, who has the authority to issue a charter.
To obtain a charter, the people planning to organize the bank must submit an
application that shows how they plan to operate the bank. In evaluating the appli-
cation, the regulatory authority looks at whether the bank is likely to be sound by
examining the quality of the bank s intended management, the likely earnings of
the bank, and the amount of the bank s initial capital. Moreover, the chartering
agency typically explores the issue of whether the community needs a new bank.
Often a new bank charter would not be granted if existing banks in a community
would be hurt by its presence. Today this anticompetitive stance (justified by the
desire to prevent bank failures of existing banks) is no longer as strong.
Once a bank has been chartered, it is required to file periodic (usually quarterly)
call reports
that reveal the bank s assets and liabilities, income and dividends, own-
ership, foreign exchange operations, and other details. The bank is also subject to
examination by the bank regulatory agencies to ascertain its financial condition at
least once a year. To avoid duplication of effort, the three federal agencies work
together and usually accept each other s examinations. This means that, typically,
chartered banks are examined by the OSFI, the CDIC, and the Bank of Canada.
Bank examinations are conducted by bank examiners, who study a bank s
books to see whether it is complying with the rules and regulations that apply to
its holdings of assets. If a bank is holding securities or loans that are too risky, the
bank examiner can force the bank to get rid of them. If a bank examiner decides
that a loan is unlikely to be repaid, the examiner can force the bank to declare the
loan worthless (to write off the loan, which reduces the bank s capital). If, after
examining the bank, the examiner feels that it does not have sufficient capital or
has engaged in dishonest practices, the bank can be declared a problem bank
and will be subject to more frequent examinations.
Traditionally, on-site examinations have focused primarily on assessment of the
quality of a financial institution s balance sheet at a point in time and whether it
complies with capital requirements and restrictions on asset holdings. Although
the traditional focus is important for reducing excessive risk taking by financial
institutions, it is no longer felt to be adequate in today s world, in which financial
innovation has produced new markets and instruments that make it easy for finan-
cial institutions and their employees to make huge bets easily and quickly. In this
new financial environment, a financial institution that is healthy at a particular point
in time can be driven into insolvency extremely rapidly from trading losses, as
forcefully demonstrated by the failure of Barings in 1995 (discussed in Chapter 13).
Thus an examination that focuses only on a financial institution s position at a
point in time may not be effective in indicating whether it will, in fact, be taking
on excessive risk in the near future.
This change in the financial environment for financial institutions has resulted in
a major shift in thinking about the prudential supervisory process throughout the
world. Bank examiners, for example, are now placing far greater emphasis on eval-
uating the soundness of a bank s management processes with regard to controlling
risk. This shift in thinking is now reflected in a new focus on risk management in
C H A P T E R 1 0
Economic Analysis of Financial Regulation
233
Do'stlaringiz bilan baham: |