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Stable Finance Industry Through World Class Prudential Management. Tom Karp Executive General Manager Supervisory Support Australian Prudential Regulation Authority. Overview. World Class Prudential Regulation. Conditions for Effective Supervision
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Stable Finance Industry Through World Class Prudential Management Tom Karp Executive General Manager Supervisory Support Australian Prudential Regulation Authority
Conditions for Effective Supervision Supervision Objectives & Supervisory Authority Licensing Fit & Proper Persons Changes in Control Risk Management Assets & Liabilities Derivatives Capital Adequacy and Solvency Information Disclosure Fraud & AML/CFT Information Sharing Laws & Standards
Supervision • Market Analysis • Reporting & Off-site Monitoring • Entity Risk Assessment • On-site Visits • Intervention • Enforcement & Sanctions • Wind-up & Exit • Group-wide Supervision
International Benchmarks • BCBS Banking Core Principles • IAIS Insurance Core Principles • IMF/World Bank FSAP Process
Supervision Characteristics • Risk-based • Forward-looking • Pre-emptive • Boards & Management Primarily Responsible
Corporate Governance - What is it? • How directors & management oversee an institutions business • Board is Focal Point for Governance System • Approve Governance System • Delegate Authority for Implementation • Ultimately Responsible Ensure Compliance • Corporations Generally • Strategic Guidance of Company • Effective Monitoring of Management • Accountable to Shareholders & Market • Prudentially Regulated Entities • Managed Prudently Beneficiaries Interests • Prudential Requirements
Effective Corporate Governance Structure • Board Reviews & Approves Entity's Business Strategies & Significant Policies • Board Determines & Approves • Tolerance for Risk • Risk Management Strategy • Board Ensures Effective Risk Controls in Place • Clear Distinction between Responsibilities of Board, Chairman, CEO & Senior Management • Board Leads in Establishing Entity's Culture, Ethical Values & Business Behaviour
Effective Corporate Governance Outcomes • Board & Senior Management well understand Entity's Business & are in control • Entity Complies with all Laws, Regulatory Requirements & Established Codes of Conduct • Entity has Prudent Behaviour & Effective Risk Management • Beneficiary Obligations are met, even in stress situations • Entity is regarded as good corporate citizen, which balances the interests of its owners, employees, beneficiaries and the community generally
Board Attributes & Behaviours • Attributes • Independence - of mind/free from other parties • Expertise - collectively/ business/wisdom • Diligence - time & willingness/learn to probe • Prudence - stewardship/meet promises • Transparency - decisions/reporting/escalation • Behaviours • Ensure Supervisor has full & cooperative access to all information needed for Proper Risk Assessment • Aware of Material Issues Raised by Supervisor & Critically Assess Management’s Proposed Response
Issues • Classification of Equity Instruments • Consolidation of SPVs • Financial Asset & Liability Measurement • Capitalisation of Acquisition Costs • EMVONA • General Provisions for Impairment • DB Fund Surplus & Deficits
APRA Approach • No Change Initially • Re-institute Current Outcome as far as possible • Overview & Position Papers
Objectives • Better Align Regulatory Capital to Underlying Risks • Recognise Improvements in Capital Methodologies of Best Practice Banks • Provide Right Incentives for Sound Risk Management • Cover Risks More Comprehensively • Explicit Charges for Credit, Market & Operational Risk • Refer to Other Risks but No Specific Capital Method • Applicable to a Wide Range of Banks & Systems • Maintain a Reasonable Level Playing-Field for all Banks • Broadly Maintain Same Overall Level of Capital Currently in the Banking System • Capital Requirements for Individual Banks may vary substantially
Framework • Pillar 1 – Minimum Regulatory Capital • Risk-based Amounts for each of • Credit Risk • Market Risk • Operational Risk • Pillar 2 – Appropriate Risk Assessment & Capital • Considered in respect of each Individual Bank • Cover Issues & Risks not covered by Pillar 1 • Carried out by both Bank & Supervisor • Pillar 3 – Transparency for Market Discipline • Cover Capital, Risks and Management of these • Impacted by Accounting Disclosure Requirements • “Sunshine the best disinfectant”
Implementation • Commencement date not entirely harmonised internationally • Country Discretions for Flexibility • Regulators to make Many Decisions • Reduce International Harmonisation • Range of Deposit-Takers • Need to cope for all BUT Equitably • Cross Border Issues • Consolidated Banking Supervision • Home and Host Supervisor Cooperation • Costs & Expertise • Significant for major banks • Significant for Regulators