Documente Academic
Documente Profesional
Documente Cultură
i. UK &
ii. US
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TABLE OF CONTENTS
Page
Conclusion………………………………………………………………………………………
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Bibliography…………………………………………………………………………………….
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Introduction
Since the Great Depression of 1929, the world had not experienced a similar situation till the
financial crisis of 2008. The first alarming sign that the economy was in trouble occurred two
years earlier, back in 2006. In 2006 housing prices started to fall, which realtors felt
optimistic about initially. They thought the overheated housing market would return to a
more sustainable level. However, what they did not realize is the fact that there were too
many homeowners with questionable credit. This was attributable to that fact that banks had
allowed people to take out loans for 100% or more of the value of their new homes. More
signs of the financial crisis appeared in 2007. Banks panicked when they realized that they
had to absorb huge losses, and they stopped lending to each other in an attempt to prevent
other institutions from giving them worthless mortgages as collateral. As a result, interbank
borrowing costs, rose. As the situation began to spiral out of control, the Federal Reserve
began pumping liquidity into the banking system via the Term Auction Facility, but
unfortunately that measure was not adequate. This catastrophe occurred despite the desperate
attempts by the Federal Reserve and Treasury Department to prevent it and housing prices
dropped more than the price plunge during the Great Depression.
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According to the OECD, “the financial sector is the set of institutions, instruments, and the regulatory
framework that permit transactions to be made by incurring and settling debts; that is, by extending
credit.” This sector of the economy is governed by financial regulators. “A financial regulator is an
institution that supervises and controls a financial system. Their objective is to guarantee fair and
efficient markets and financial stability,” (Orlov, 2018). This section of the economy is made up of
firms and institutions that provide financial services to commercial and retail customers. The sector
comprises many different industries including banks, investment companies, insurance companies, and
real estate firms. A good portion of its revenue is generated from loans and mortgages and thrives in a
low-interest-rate environment. The performance of this sector is extremely critical to any country
because in order for an economy to remain stable, it needs to have a healthy financial sector. This
sector advances loans for businesses so they can expand, grant mortgages to homeowners, and issue
insurance policies to protect people, companies, and their assets. It also helps build up savings for
retirement and employs millions of people. When rates are low, the economic conditions open up the
doors for more capital projects and investment. As a result, when this transpires, the financial sector
In Trinidad and Tobago, The Central Bank is the main regulatory body of financial
institutions. According to the T&T Stock Exchange Limited, The Central Bank Act of 1964
entrusts the Central Bank with a range of responsibilities including but not limited to the
following:
6. Managing the foreign exchange market and protecting the external value of the
currency
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7. Investing the country's external reserves and the Heritage and Stabilization Fund
(HSF)
In addition, the Central Bank is also very instrumental in the development of the Trinidad and
Tobago financial system and continues to adopt policies which foster economic growth and
development.
Trinidad and Tobago was established in One such initiative which was carried out
July 2004 by the enactment of the to eradicate this monopoly was the
independent regulatory body responsible “A tidal wave has swept away the bridge
for the transformation of the since the start of the fierce battle between
the two main mobile operators in
telecommunications sector from a
Trinidad and Tobago. The market has
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been liberalized. Digicel has launched. is waiting in the wings to launch”
TSTT has re-branded. These two (Alleyne, 2006)
operators have locked horns and Laqtel
Prior to this, TSTT dominated the market for twenty-six years. Due to the lack of competition in the
market for so many years, TSTT was accused of setting artificially high prices through price fixing.
As a result, there was a dire need to break this monopoly so that consumers would get greater value for
their money. As a result, with the introduction of Digicel into the market, TSTT was forced to improve
In addition. the Authority is not only responsible for the liberalisation of the telecommunications
sector, other responsibilities of the Telecommunications Authority include:
1. Regulating both telecommunications and telecommunications and broadcasting
broadcasting sectors services to all.
2. Managing spectrum and number resources,
3. Establishing equipment and service quality
standards
4. Setting guidelines to prevent anti-
competitive practices and
5. Encouraging investment in order to
facilitate the availability of affordable
and Tobago.
Some of the Commission’s main functions, as outlined in Section 6 of the SA, 2012 are to:
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1. Advise the Minister of Finance on matters related to the securities industry.
2. Maintain surveillance over the securities market and ensure orderly, fair and equitable
dealings in securities.
investment advisers and control and supervise with a view to proper standards of conduct,
4. Protect the integrity of the securities market against any abuses arising from the practice
of insider trading.
5. Create and promote such conditions in the securities as may seem to it necessary,
advisable or appropriate to ensure the orderly growth and development of the capital
market.
6. Educate and promote an understanding by the public of the securities industry and the
7. Ensure compliance with the Proceeds of Crime Act, any other written law in relation to
the prevention of money laundering and combating the financing of terrorism or any other
The TTSE is the largest stock exchange in Exchange also cross-list their stocks on it.
the Caribbean, with 30 companies listed on The Stock Exchange is the nation's
the main board of the exchange. While centralized marketplace for buying and
several businesses from Barbados, Jamaica selling stocks or shares and other
and bonds.
restrictions have been eliminated, geographic limitations and barriers to entry have fallen in
most countries, and restrictions on the range of financial services that providers can offer are
increasingly challenge regulators across the world facing an uneasy trade-off between the
dictates of stability and competition. New forms of regulation and supervision are therefore
being developed, relying to a much greater degree on international co-operation and on the
effective internal governance of institutions. All companies that are engaged in the provision
of financial products and services are required to adopt the IFRS. The regulatory and
supervisory systems for the various segments of the financial sector would be upgraded to
provide for the integrated regulation of the sector. In order to give effect to the integrated
regulation and supervision of the financial sector, a single Regulatory Authority with the
necessary powers and authority should be established. As the financial reforms are gradually
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introduced, it may be necessary, in the interim, to establish a Regulatory Council as a first
Conduct Authority (FCA) and the Prudential Regulation Authority (PRA) officially came
into force. The two regulators replaced the Financial Services Authority under the Financial
Since its election in 2010 the Coalition Government had been overhauling the UK’s financial
regulatory framework. The Financial Services Authority was disbanded and responsibility for
financial stability was passed to the Bank of England. Within the bank now sits the Financial
Policy Committee (FPC), responsible for horizon-scanning for systemic risks and the
Prudential Regulation Authority (PRA) responsible for the solvency and resolution of
for ensuring consumer protection and markets regulation, as well as prudential supervision of
smaller firms.
The BoE has two core purposes, ensuring monetary and financial stability and the following
1. Oversight of the interbank payment systems regime. By seeking to reduce risks that
could be posed to the UK financial systems and prioritising its activities according to
2. Role in the Special Resolution Regime, which gives the authorities a framework for
3. Provider of liquidity and lender of last resort to the banking sector. This is not
responsibility for the Financial Ombudsman Service, the Money Advice Service, and has
Objectives:
The Financial Services Act 2012 states that the FCA has an overarching strategic objective to
“ensure that the relevant markets function well”, as well as three operational objectives:
investment exchange.
The Prudential Regulation Authority (PRA) is a part of the Bank of England and responsible
for the prudential regulation and supervision of all “systemically important firms” – those
firms that pose a risk to the financial system were they to fail. This covers all institutions that
accept deposits or insurance contracts – and so the PRA will oversee banks, building
societies, credit unions, insurers and major investment firms. It sets standards and supervises
Objectives:
The PRA makes an important contribution to the Bank of England’s core purpose of
protecting and enhancing the stability of the UK financial system through its two statutory
objectives:
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⎯ To promote the safety and soundness of systemically important firms.
The PRA is also responsible for “promoting the safety and soundness of PRA regulated
persons”. This is to ensure that PRA authorised persons “carry on in a way which avoids
adverse effect on the stability of the UK financial system” and that, should a PRA authorised
person fail, the impact on the system as a whole is minimised. Policyholders are protected
both by the FCA (who is responsible for ensuring consumers are treated fairly) and the PRA.
The PRA’s focus is to ensure that “policyholders have an appropriate degree of continuity of
In general terms the PRA’s objectives require insurers to be resilient against failure and to be
able to avoid disrupting the financial services sector as a whole. Although insurers do not
threaten the stability of the financial system in the same way as banks, a failure does have the
potential to cause significant disruption. However, despite this threat, the PRA’s remit is clear
in that it is not there to prevent all failures. If an insurer were to fail, it is the PRA’s role to
make sure that disruption is kept to a minimum and that there is a degree of continuity of
People who have savings have long been protected from losing their money if their bank goes
bust. But since the onset of the crisis, the level of protection has more than doubled.
✔ Vetting executives
The FSA has moved to scrutinise more thoroughly banks' appointments of chief executives
The regulator has to approve anyone wanting to serve in "significant influence functions"
Once the FSA is replaced under the new regulatory system, the Financial Conduct Authority
will be involved in SIF interviews and will have the right to veto individuals.
Typically, fines are levied by the PRA and FCA against firms for violations. Discounts are
ordinarily applied where firms cooperate with the regulators and for early settlement. In the
2017, the FCA imposed fines of approximately £229 million, including a fine of £163 million
levied against Deutsche Bank AG for anti-money laundering controls failings during the
The following table contains information about fines published during the calendar
The United States financial system is a network that facilitates exchanges between lenders
and borrowers. The system, which includes banks and investment firms, is the base for all
economic activity in the nation. According to the Federal Reserve, financial regulation has
Federal and state governments have a myriad of agencies in place that regulate and oversee
financial markets and companies. These agencies each have a specific range of duties and
responsibilities that enable them to act independently of each other while they work to
The Federal Reserve Board (FRB) is one of the most recognized of all the regulatory bodies.
As such, the "Fed" often gets blamed for economic downfalls or heralded for stimulating the
economy. It is responsible for influencing money, liquidity and overall credit conditions. Its
main tool for implementing monetary policy is its open market operations, which control the
purchase and sale of U.S. Treasury securities and federal agency securities. Purchases and
sales can change the quantity of reserves or influence the federal funds rate - the interest rate
at which depository institutions lend balances to other depository institutions overnight. The
Board also supervises and regulates the banking system to provide overall stability to the
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financial system. The Federal Open Market Committee (FOMC) determines the actions of the
Fed.
The Federal Deposit Insurance Corporation (FDIC) was created by the Glass-Steagall Act of
1933 to provide insurance on deposits to guarantee the safety of checking and savings
deposits at banks. Its mandate is to protect up to $250,000 per depositor. The catalyst for
creating the FDIC was the run on banks during the Great Depression of the 1920s.
One of the oldest federal agencies, the Office of the Comptroller of the Currency (OCC) was
established in 1863 by the National Currency Act. Its main purpose is to supervise, regulate
and provide charters to banks operating in the U.S. to ensure the soundness of the overall
banking system. This supervision enables banks to compete and provide efficient banking
The Office of Thrift Supervision (OTS) was established in 1989 by the Department of
Treasury through the Financial Institutions Reform, Recovery and Enforcement Act of 1989.
It is funded solely by the institutions it regulates. The OTS is similar to the OCC except that
it regulates federal savings associations, also known as thrifts or savings and loans.
The Commodity Futures Trading Commission (CFTC) was created in 1974 as an independent
authority to regulate commodity futures and options markets and to provide for competitive
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and efficient market trading. It also seeks to protect participants from market manipulation,
investigates abusive trading practices and fraud, and maintains fluid processes for clearing.
The CFTC has evolved since 1974 and in 2000, the Commodity Futures Modernization Act
of 2000 was passed. This changed the landscape of the agency by creating a joint process
with the Securities and Exchange Commission (SEC) to regulate single-stock futures.
The Financial Industry Regulatory Authority (FINRA) was created in 2007 from its
self-regulatory organization (SRO) and was originally created as an outcome of the Securities
Exchange Act of 1934. FINRA oversees all firms that are in the securities business with the
public. It is also responsible for training financial services professionals, licensing and testing
agents, and overseeing the mediation and arbitration processes for disputes between
State bank regulators operate similarly to the OCC, but at the state level for state-chartered
banks. Their oversight works in conjunction with the Federal Reserve and the FDIC.
State regulators monitor, review and oversee how the insurance industry conducts business in
their states. Their duties include protecting consumers, conducting criminal investigations
and enforcing legal actions. They also provide licensing and authority certificates, which
state's securities business. They provide registrations for investment advisors who are not
required to register with the SEC and enforce legal actions with those advisors.
The SEC acts independently of the U.S. government and was established by the Securities
Exchange Act of 1934. One of the most comprehensive and powerful agencies, the SEC
enforces the federal securities laws and regulates the majority of the securities industry. Its
regulatory coverage includes the U.S. stock exchanges, options markets and options
exchanges as well as all other electronic exchanges and other electronic securities markets. It
also regulates investment advisors who are not covered by the state regulatory agencies.
After the financial crisis of 2008 there were changes to promote more robust and consistent
regulatory standards for all financial institutions, with little gaps, loopholes, or opportunities
for arbitrage. There was the creation of a Financial Services Oversight Council, chaired by
Treasury, to help fill gaps in supervision, facilitate coordination of policy and resolution of
disputes, and identify emerging risks in firms and market activities. All large, interconnected
firms whose failure could threaten the stability of the system should be subject to
consolidated supervision by the Federal Reserve, regardless of whether they own an insured
depository institution.
Counter (OTC) derivative markets and to reduce systemic risk in these markets by requiring
venues and cleared through regulated central counterparties. Additionally, there was an
enhancement of the Federal Reserve’s authority over market infrastructure to reduce the
potential for contagion among financial firms and markets. There was also a proposal to
harmonize the statutory and regulatory regimes for futures and securities.
There was a proposal to create a single regulatory agency, a Consumer Financial Protection
Agency (CFPA), with the authority and accountability to make sure that consumer protection
regulations are written fairly and enforced vigorously. The CFPA should reduce gaps in
federal supervision and enforcement; improve coordination with the states; set higher
standards for financial intermediaries; and promote consistent regulation of similar products.
Consumer protection is a critical foundation for our financial system. It gives the public
confidence that financial markets are fair and enables policy makers and regulators to
maintain stability in regulation. Stable regulation, in turn, promotes growth, efficiency, and
Whoever knowingly violates section 5136A of the Revised Statutes of the United States,
section 9A of the Federal Reserve Act, or section 20 of the Federal Deposit Insurance Act
shall be fined under this title or imprisoned not more than one year, or both.
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Government regulators are working across the world to reduce risks in the finance sector and
they are taking more control. These regulations affect the financial services industry in many
ways, but the specific impact depends on the nature of the regulation. Increased regulation
typically means a higher workload for people in financial services, because it takes time and
effort to adapt business practices that follow the new regulations correctly. While the
increased time and workload resulting from regulation can be detrimental to individual
financial or credit services companies in the short term, the financial services industry can
One such regulation which was introduced in the United States is the Sarbanes-Oxley Act.
This was passed by Congress in 2002 in response to multiple financial scandals involving
large conglomerates namely, Enron and WorldCom. These regulations were much needed in
when such measures are implemented by these regulatory bodies it helps protect the overall
stability of financial services by protecting customers, taxpayers and the rest of the economy
from crisis.
ways. Initially, the major downside is that regulation increases the workload for individuals
in the industry who ensure regulations are adhered to. For example, in the UK since public
companies are now required to publish strategic reports, it increases the time management
spends on publishing financials. Additionally, with the changes made to the format of the
Auditor’s report more time is also spent when creating this report. However, because of
these changes greater transparency is now provided for the users of financial statements. By
extension, another positive outcome is that some regulations like the Sarbanes-Oxley Act
help hold companies accountable for their actions and also places an increased emphasis on
internal controls.
However, the past decade has been turbulent from the financial crisis to its legislative
response. While many of these reforms have improved the flexibility of our financial system,
a number of policy responses are negatively influencing companies and their customers.
Some key findings were that businesses respondents are affected by changes in the financial
services market. While the increased cost to facilitate compliance has now been passed on to
customers in the form of higher prices to access goods and services. Also, the variety of
services offered to customers were also decreased in an attempt to cut cost. Due to these
factors, a great percentage of persons believe that the regulations on the financial services
sector will not help their companies’ outlook over the next two to three years.
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All three (3) systems equally acknowledges the greater need for transparency and
developed and enhanced their reporting standards and requirements to facilitate this.
For example, there was a change to the format of the auditor’s report and there
was also the introduction of the strategic report for companies operating in the
UK.
All three systems have a vast number of regulatory boards that oversee financial markets
The regulatory bodies and frameworks in the UK and the US are a bit more rigid and
complex when compared to Trinidad and Tobago’s. This is attributable to the fact that
the UK and the US has much more corporations to oversee and manage thus leading to a
The UK has a 2-tier regulation system and they are more equipped for mitigation and
prevention of a financial crisis whereas that doesn’t exist in the case of Trinidad and the
United States.
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Conclusion
Financial regulation is a form of regulation or supervision of the financial services industry,
aiming to maintain the integrity of the financial system. Ever since popular financial
calamities like Enron (2001), WorldCom (2002) and the financial crisis of 2008;
Governments and other regulatory bodies across the world have placed a greater emphasis on
corporate governance and regulations which provide guidelines to facilitate the preparation
and presentation of financial statements globally. Through research it was noted that
regulatory bodies have an integral part to play in today’s society and every company should
have a robust regulatory system in place to maintain financial stability. These various
regulatory systems mentioned prior, generally aim for greater transparency by institutions and
they are important to ensure compliance, prevent fraud and to mitigate the possibility of
financial systems failing leading to financial crisis like the one in 2008. Lastly, it is important
to note that all countries have systems in place which often vary but they all have a common
Bibliography
“Banking Reform: What Has Changed since the Crisis?” BBC News, BBC, 4 Feb. 2013,
www.bbc.co.uk/news/business-20811289.
Duffy, Jennifer, and Michael Sholem. “Financial Services Compliance in the United
Kingdom.”
Lexology, 28 Mar. 2019,
Kenton, Will. “What Everyone Should Know About the Financial Sector.” Investopedia,
Investopedia, 5 Feb. 2020, www.investopedia.com/terms/f/financial_sector.asp.
Orlov, A., & Orlov, A. (2018, July 23). Financial regulator. Retrieved April 7, 2020, from
https://news.tradimo.com/glossary/financial-regulator/