Llewellyn argues that
several problems emerge with a highly prescriptive approach to
regulation. For example, the risks under consideration
may be too complex for simple rules; prescriptive rules may
prove inflexible and not sufficiently responsive to market
conditions; and the rules may have perverse effects in that
they are regarded as actual rather than minimum
standards. He stresses that a central issue is the extent to
which regulation differentiates between different banks
according to their risk characteristics and their risk
analysis, management, and control systems.
With respect to
incentive structures, Llewellyn argues that a central role
for regulation is to create appropriate incentives within
regulated firms so that the incentives faced by decision
makers arc consistent with financial stability. At the same
time, regulation should refrain from blunting the incentives
of other agents (such as rating agencies, depositors,
shareholders, and debt-holders) that have a disciplining role
vis-a-vis banks.
An important theme of
Llewellyn is that regulation can never be an alternative to
market discipline. On the contrary, regulation needs to
reinforce, not replace, market discipline within the regime.
On the question of
intervention by regulatory agencies in the event of either
some form of compliance failure within a regulated firm, or
when financial distress occurs with banks, he argues in favor
of a rules-based approach to intervention rather than
discretion.
I believe that most
experts agree that regulators should not rely solely on rules,
as market discipline is often at least as important as—and
sometimes even more so than—regulation, I have already noted
above the conditions under which market discipline works
effectively. On the other side of the coin experts generally
agree that regulators must be made accountable so that their
decision making truly reflects the public interest. Hence, the
incentive structure within regulatory agencies is very
important.
In sum, how one
determines, in practice, the balance between regulation, on
the one hand, and market discipline, on the other, will be a
major concern for the authorities in their approach to
supervision and regulation of the financial centre. The
relative weights will indeed depend on the available expertise
within financial firms and within regulatory agencies, the
nature of the risks faced by the financial firms in the
centre, and the relative sophistication and efficiency of the
pool of others who could monitor the management of financial
firms—such as owners, depositors, customers, and rating
agencies.
Corporate governance
It one starts with the
realization that the financial organizations under
consideration will be operating in a developing country and
that failures in the financial system have systemic economic
effects, it is difficult to be concerned with only shareholder
interests when looking at corporate governance of financial
firms and markets. Indeed, even extending the concern to
workers and other participants in the financial system is not
enough.
These days, most experts
in the field of corporate governance start from the view that
a corporation is "a complex web or ‘nexus’ of contractual
relationships among the various claimants to the cash flow of
the enterprise."25 In the context of a developing
country and financial services firms, the duty of managers and
directors should be broader than maximizing the value of the
firm for shareholders. Loyalty of the organization’ officers
to shareholders should not have external economies for the
community for which those shareholders do not pay. ‘the
beneficiaries of directors’ fiduciary duties (in particular,
of care and loyalty) in the case of banks and other financial
organizations should extend beyond shareholders.-(‘
The requirement of fiduciary duties of senior officers of
financial services firms, organizations and markets should,
then, hold the officers liable not so much for mistakes of
judgment or Wrong decisions but rather for actions and
inactions that manifest fraud, illegality, gross negligence,
and conflicts of interests or wrong decisions not made in good
faith. It is not only shareholders that should take action to
enforce the fiduciary rules but also the supervisory
authorities. In that regard, internal supervision of financial
services firms, information reporting systems ot (lie firms,
decision making processes, and research facilities and
standards of the organization. Will all he matters of
supervision by the authorities.
A clear approach is thus
necessary to ensure that, in exercising their fiduciary duties
to their shareholders, financial services firms and markets in
the proposed financial centre do not
act in ways that threaten the stability of the economy or
reduce confidence in the financial system at large. I believe
that in tact such an approach is implicit in the best
supervisory regimes
around the world. Such regimes contain rules, procedures and
processes designed to ensure the soundness of financial firms,
including their ability to withstand shocks of reasonable
probabilities. The fiduciary duties to shareholders are
conditional on meeting these supervisory standards.
Organizational
structure: unified or not
It is obvious that, from
an organizational perspective, a regulatory/ supervisory
agency must have clear objectives, autonomy, and expertise to
do its job, as well as be accountable to government.
parliament, financial sector/industry, and the populace at
large. Autonomy includes budgetary and instrument autonomy.
Instrument autonomy includes authority and power to
enforce its rules and to sanction for noncompliance, as well
as immunity from prosecution of its officials for official
actions taken in the line of duty.
Most experts believe
that a supervisory/regulatory agency outside the central bank
or the government must be funded by levy on the regulated
firms and markets, rather than by government. South Africa,
for instance, has a Financial Services Board (FSB) that
supervises nonbank financial services; the FSB is financed by
the financial services industry itself with no contribution
from government, ‘the FSA of UK also does not receive any
funding from government; it charges fees (which it classifies
as periodic, application, and special project
fees) to firms they regulate and to other bodies (such as
‘recognised investment exchanges,’ according to the FSA).
An important issue in
trying to develop an international financial centre is whether
there should be a unified supervisory agency as in Australia,
Canada, Denmark, Iceland, Japan, Norway, Korea, Singapore,
Sweden, and the UK. for example, or instead one should adopt
various models of splintered agency arrangements us in the
majority of countries.27 My own view is that, for a
country like Nigeria, a unified approach would enable it to
speed up its development of an international financial centre.
working in the context of the other organizational elements
mentioned above, especially the 1FSDC.
A single, unified agency
would have several advantages which are important for an
accelerated development of a financial centre. First, there
would be efficiency gains- economics of scale in regulatory
activity—-in the form of savings on administration,
infrastructure, data collection and management; absence of a
need for modalities to share information and establish
cooperative committees and the like with other agencies;
efficient use of highly trained and experienced experts in
short supply coupled with the ability to pay them well and
hence to retain them in the public sector; ability to finance
continuous training of staff in-house or externally; and
externalities in knowledge and information sharing among staff
of varied expertise in close proximity to each other
(clustering effect). Second, it makes sense to encourage
financial conglomerates and, for these, unified supervision
makes sense; overall risk-assessment for the whole enterprise
is important, because problems in one area will spill over to
other areas. Third, products across sub-sectors arc becoming
more and more similar and hence directly competitive;
regulatory neutrality can be better attained with unified
supervision. Fourth, there will be little or no risk of
financial services falling in-between the cracks due to lack
of clarity of supervision authority in a dynamic financial
services environment, foreign regulators will have to deal
with only one supervisory agency, and the accountability
problem is simplified as everyone will know the agency that is
responsible for the supervision of the financial services
industry and hence for any lapse or mistake. Finally, the
gains from clustering and accessing global value chains will
be better appreciated and hence facilitated by a single
unified regulator.
27
See, e.g., Abrams and Taylor (2000).
Fear of conflict of
interest, insider trading and domination and abuse are, of
course, risks that should be addressed in this regard.
Conglomerates arc also more complex to supervise than
financial firms operating in only one subsector, because the
risks, consumer protection, creditor protection, and corporate
governance issues differ in significant details across
subsectors.
There are, of course,
certain risks and challenges that will confront a unified
agency. But the experience of those agencies, particularly in
the case of the UK’s Financial Services
Authority which deals with a global financial centre,
demonstrates that the challenge can be comfortably met. First
of all, there will be a challenge to balance the multiple
objectives of a unified supervisory agency. But surely, these
objectives would all revolve around risk management,
efficiency, consumer protection, and corporate governance
issues. Second, possible diseconomies max arise. One
frequently mentioned is that politicians and policymakers may
be tempted to assign the unified agency functions that are
outside it core domain. Another is that the unified agency max
become somewhat inefficient due to its monopoly status. But
clearly the direct solutions to these problems are not
difficult to find. Third, it may be challenging to create a
single agency culture, since the mindset of supervisors of
different types of specialized financial firms and markets
often appear to differ. Still, countries with unified agencies
in place have been well aware of this problem and have found
solutions for it.
The role of the central
bank
Even where there is
unified supervision of financial services, by an agency
separate from the central bank, in the context of trying to
rapidly build an international financial centre, in a
developing country like Nigeria, the central bank must ensure
that it has up-to-date prudential information on the hanks.
The central bank needs up-to-date prudential information on
the banks in connection with its conduct of monetary policy,
its foreign exchange rate policy and management, and its
lender-of-last-resort function and other elements of its role
in the payment system. In each of these areas of activity
banks will be the primary, and sometimes the only, set of
financial services firms with which the central bank will be
directly dealing, ‘the central hank will need to have adequate
information on the state of banks and the authority to request
information (including via regular reporting) from individual
banks. Apart from direct contacts with banks, the central bank
should in any event maintain close contact with the financial
services supervisor, ‘that way, the central bank can obtain
additional insight from the financial services supervisor on
the state of particular banks, as necessary.
Promoting the Centre
Here are a number of
ways that the authorities and the International financial
Services Development Council (1FSDC) and the Financial Area
Corporation (FAC) can directly promote the financial centre.
In particular, the methods would comprise assisting (the
centre to access global value chains, devising selective
intervention policies that favour the centre firms, and
designing special enclave privileges for the centre.
Accessing Global Value
Chains
On can visualize the
production process of some commodity or service as involving a
‘chain’ of activities beginning with the conceptualization of
the product and ending with bringing the product to market. At
each stage ‘value’ is added to the chain. In addition, the
chain can be cross-border. From such a perspective has emerged
the concept of a ‘global value chain.’ A major objective of
those at the lower end of a chain is upgrading. Four
types of upgrading have been identified in the literature and
listed in the order they fall in the usual upgrading path:
process upgrading, product upgrading, functional
upgrading, and chain upgrading. Process upgrading
involves increasing the efficiency of internal processes,
making the firm more competitive in making existing products.
Product upgrading involves introducing new products or
improving old products. Functional upgrading involves changing
the mix of activities conducted within the firm, or moving
from low-return activities to high-return activities. Finally,
chain upgrading occurs when the firm moves to a new and more
profitable chain.29 In the modern world,
standardized products and processes, electronic linkages and
internet connections facilitate global chain relationships.
One of the great advantages of accessing global value chains
is the benefit of learning from others and hence the
possibility of upgrading faster than otherwise. In this
process, important are standards and the ability to meet buyer
specifications. Indeed, formal benchmarking - measuring
firm or cluster performance against specific product quality
or productivity targets is widely used in value chains. The
lead firms in global value chains often will provide the
benchmarks for their suppliers. A standard is this
context would be a rule, normally for measuring quality or
other aspects of production and performance in general. In the
international financial centre business we see both major and
minor value chain relationships all the time. For instance,
early in its development, Singapore International Monetary
Exchange (SIMEX) established a relationship with the Chicago
Mercantile Exchange, which was valuable to both. 3()
Firms in Dublin, Hamilton, and the Channel Islands, have links
with firms in the City of London in niches were the first
three are important. Noteworthy is that, to benefit from such
global value chain arrangements, a new or developing
international financial centre must not only be attractive to
other financial firms and markets abroad, but its governance
and regulatory environment must also be respected by
regulatory authorities of the leading financial centres.
See Gereffi and
Korzeniewicz (1994) and Oyelaran-Oyeyinka and McCormick( 2007)
30 See Lee Kuan Yew (2000), p. 77. As Lee Kuan Yew
put it, they "convinced the CME to adopt a mutual offset
system with SIMEX that enabled round-the-clock trading. This
revolutionary concept allowed an investor to establish a
position at CME in Chicago and close off at SIMEX in
Singapore, and vice versa, without paying additional margins.
The U.S. Commodity Futures trading Commission approved this
arrangement."
In addition, to
facilitate such linkages, the authorities of the developing
financial centre can be proactive in making known their
openness to joint ventures, 100 percent foreign ownership of
firms, and to allowing foreign firms to participate in certain
"sensitive" activities in the local financial centre such as
brokerage, underwriting, primary dealership in securities
(especially government securities), and membership in the
stock exchange. Moreover, the authorities and the 1FSDC can
assist the developing centre’s firms in making contacts and
structuring relationships with firms and markets abroad in
order to motivate the global chains.
Other Selective
Intervention Policies
There are other types of
selective intervention policies that can promote the centre by
reducing operating costs of, and increasing demand for, the
centre’s services. First, the authorities can assist the
centre with market research, providing information on new
products and other knowledge inputs as well as potential
clients both domestically and abroad. Second, the authorities
could assist in making available, to the firms, critical
infrastructure and public services at lower costs than
otherwise; for instance, leases, rentals, and user taxes could
all be made lower than lull-cost pricing would dictate. Third,
the authorities can assist with finance, even if as credit
rather than subsidies, for instance, to purchase equipment,
train personnel or implement innovation as mentioned already,
fourth, the authorities could make a special effort to
patronize the centre via demand for it services (fund
management, for instance). Possible enclave privileges
It may he very difficult
for a new financial centre in a country to make inroads into
the global international financial centre business, without
granting special enclave privileges to the
centre. mainly because of the difficulties of building
credibility with respect to microeconomic incentives and
socio-political governance. As stated before, also, in the
area of infrastructure and
public services having a Financial Area Corporation (FAC) to
attend to some of the tasks could he efficient and effective.
For an enclave approach, in addition, special policies,
practices, and
procedures would be designed for the financial centre in the
areas of taxation, administrative harriers, and the legal
environment discussed earlier. Dubai is a case in point where
this strategy
has worked.
Conclusion
In this paper, 1 argue
that the geographical area in which an international financial
centre is located must be attractive as a place where people
want to live, work, and visit. In developing such an
international financial centre, a country can set up an
International Financial Service Development Council to help
foster cooperation among the financial services firms and
markets,
Sanyal (2007) also
suggests a "custom-built" enclave for Mumbai financial centre.
The government, the central bank and the regulatory
authorities. I outline a strategy for developing such a
centre, which involves the following: (1) conceptualizing a
financial centre as a cluster; (2) finding a niche for entry
at the international level; (3) enhancing competitiveness by
building capacity, structuring incentives, and improving the
quality of the national governance environment; (4) putting in
place high quality financial services supervision and
regulation; and (5) promoting the centre by assisting it to
access global value chains, implementing other selective
intervention policies, and granting it some enclave
privileges. Approaching the problem as trying to develop a
cluster will encourage focusing the strategy on exploiting the
collective efficiency advantages of clustering, namely
fostering joint action and experiencing net positive
externalities, ‘the developers should find a niche for entry
into the international arena, in terms of clientele, products
and providers. The point is that aiming to cover the whole
world in all financial services would not be efficient. In
many eases there may be huge costs with little or no benefits.
A financial centre in Nigeria, for instance, can find a niche
in Africa beginning with the ECOWAS countries. The clientele
would include governments, public enterprises, financial firms
and markets, private nonfinancial businesses, foreign
companies with operations in Africa, and Africans in the
Diaspora. When it comes to the products and providers, all the
major categories of financial services and major providers of
such services can be attracted to the centre. The specific
products would then be left to markets forces, including the
ingenuity of the suppliers. Thus services would include: (1)
foreign exchange services: (2) loan syndication: (3) stock and
bond issues in local and foreign-denominated currencies; (4)
fund management of various sorts: (5) money management; (6)
mortgage; (7) insurance; and (8) monitoring and rating
services on firms, management, individuals, governments and
various kinds of securities and instruments. The providers, as
a minimum, would be banks, a stock market, insurance
companies, and rating organizations of various kinds. These
highly diversified organizations can be supplemented by
specialist organizations, such as mutual funds, investment
trusts, leasing companies, factoring companies, credit rating
agencies, professional service consultancies and research and
risk analysis service firms. Futures and options exchanges as
well as commodity exchanges could follow later, if
economically efficient to do so. The idea is to encourage the
specialist firms and organizations to emerge or locate from
outside to fill any important niche that would strengthen the
cluster.
Capacity of the
financial centre is built by strengthening the institutions,
organizations and mechanisms in the country to support
innovation in financial services; investing in human
capital beneficial to the provision of financial services;
raising financial capability of citizens, that is, the
knowledge, skills and motivation of the population to manage
their finances; and
putting in place appropriate physical and technological
infrastructure. On infrastructure, in particular, I argue that
the effectiveness and efficiency of the intended public sector
contribution could be enhanced if a dedicated authority, a
Financial Area Corporation (FAC), is created to provide some
of the requirements of the financial centre geographical area
(cluster). The FAC
could be given land and other capital to build and manage
certain office space and perform any other Functions that can
be devolved to it with the agreement of the national and local
authorities.
The way the FAC finances
itself following the initial money capital and land
grants—will depend on its duties. Structuring microeconomic
incentives involves creating an open environment; keeping
taxation at rates similar to those of competitors; keeping
administrative barriers to investment and entry minimal: and
having a legal environment that is effective and efficient in
its operation and docs not result in costs to firms and
individuals of doing business in the centre higher than the
costs for other competing centres. Openness, in particular,
means that there is fair and open access to operate in the
centre; the types of business to be conducted by the same
organization is not unduly restricted; innovation is
encouraged; the authorities do not impose or modify rules
without consultation with financial firms of the centre; and
there is freedom and flexibility allowed firms in their
day-to-day operations.
The national governance
environment has to do with macroeconomic policies,
socio-political governance, and compliance with international
standards and codes relevant for financial sector efficiency
and stability. The most relevant standards and codes are
listed in Table 2. As regards macroeconomic stability, the
attractiveness of the centre will benefit from low
inflation, stable exchange rates, capital mobility and
convertibility of the domestic currency or absence of exchange
controls. With respect to socio-political governance, I argue
that the
authorities of the country trying to develop an international
financial centre should try to improve its ratings in surveys
and indices of risk of expropriation, general governance,
constraints on the executive and corruption. The authorities
should design a plan to improve general governance with clear
objectives and instruments make it transparent, and implement
it resolutely.
The discussion on
regulation, supervision and oversight cover approaches to
regulation, corporate governance, the organizational structure
for regulation and supervision, and the role of the central
hank. 1 argue that, most fundamentally, the regulatory
environment must ensure that financial firms are able to
understand and to measure the risks they take from any given
exposure, to find ways to contain exposure to tolerable and
profitable levels, and to protect the solvency of the
organization from adverse developments, given exposure.
Regarding the balance
between regulation, on the one hand, and market discipline, on
the other, I conclude that the relative weights will depend
greatly on the available expertise within financial firms and
within
regulatory agencies, the nature of the risks faced by the
financial firms in the financial centre, and the relative
sophistication and efficiency of the pool of others who could
monitor the
management of financial firms—such as owners, depositors,
customers, and rating agencies. On corporate governance, 1
argue that in the context of a developing country and
financial services firms, the duty of managers and directors
should be broader than maximizing the value of the firm for
shareholders. Loyalty of the organization’ officers to
shareholders should not have external economies for the
community for which those shareholders do not pay.
In exercising their
fiduciary duties to their shareholders, financial services
firms and markets should not act in ways that threaten the
stability of the economy or reduce confidence in the financial
system at large.
On organizational
structure, I argue that, for a country like Nigeria, a unified
approach would enable it to speed up its development of an
international financial centre, working in the
context of the other organizational elements mentioned above,
especially the 1FSDC. My argument is on grounds of
efficiency—economics of scale in regulatory activity; the
benefit of
encouraging financial conglomerates for which unified
supervision makes sense; the fact that products across
sub-sectors arc becoming more similar and hence directly
competitive; that there
will be little or no risk of financial services tailing
in-between the cracks; that the gains from clustering and
accessing global value chains will be better appreciated and
hence facilitated by a
single unified regulator; that foreign regulators also will
have to deal with only one supervisory agency; and that the
accountability problem is simplified. 1 argue that the risks
and challenges
that will confront a unified agency have been met by countries
with unified agencies, including most notably the UK. which
has a global financial centre.
Even where there is
unified supervision of financial services, by an agency
separate from the central bank, the central bank will need
up-to-date prudential information on the banks in
connection with its lender- of-last-resort function, its role
in the payment system, its foreign exchange rate policy and
management, and even more importantly because of its primary
responsibility, namely, the conduct of monetary policy.
The authorities and the
International Financial Services Development Council (1FSDC)
and the Financial Area Corporation (FAC) can directly promote
the financial centre. In
particular, I mention that they can help the centre access
global value chains, devise selective intervention policies
towards the centre, and design special enclave privileges for
the centre. The
authorities will foster global value chain arrangements for
the centre firms via policies that make the centre firms
attractive to other financial firms and markets abroad and by
the quality of the
governance and regulatory environment. In addition, the
authorities can be proactive in making known their openness to
joint ventures, 100 percent foreign ownership of firms, and to
allowing
foreign firms to participate in all activities in the local
financial centre. Moreover, the authorities and the FSDC can
assist the centre’s firms in making contacts with firms and
markets abroad.
Selective intervention
policies to promote the centre can include assisting the
centre with market research, and information on new products
and other knowledge inputs; making available critical
infrastructure and public services at lower costs, than
otherwise; by assisting with finance; and by making a special
effort to patronize the centre via demand for it services.
I argue, finally, that
it may be rational for a proposed international financial
centre in an African country, like Nigeria, to be granted
special enclave privileges, mainly because of the difficulties
of building credibility with respect to microeconomic
incentives and socio-political governance.
I that case, special
policies, practices, and procedures can he designed for the
financial centre, particularly in the areas of taxation,
administrative barriers, and the legal environment.