Why Regulate?
3.1 The Need for Regulation
Financial services are heavily regulated due to three unique characteristics :
-
Information Asymmetry: Financial services cannot generally be tested at the time of purchase since there is a time-lag between the purchase and its actual effect.
-
Systemic Risk: The financial system is closely integrated and inter-linked. Failure of one firm often affects other firms, and the entire financial system is affected.
-
Moral Hazard: In a competitive market with thin spreads, firms often take high risk to maximise return, making them more susceptible to default .
3.2 Objectives of Regulation
Regulation aims to achieve multiple objectives :
-
Protection of Investors: As the weakest participants, investors need protection from malpractice, fraud, and collapse. Regulations mandate larger disclosure of information to address asymmetry .
-
Systemic Stability: Preventing the failure of individual institutions from triggering a broader crisis.
-
Soundness and Safety: Ensuring the integrity of financial institutions .
-
Consumer Protection: The explicit protection of consumers of financial services .
-
Market Efficiency: Providing adequate scope for innovation and freedom of operation to improve the system’s efficiency .
3.3 The Spectrum of Regulatory Approaches
Regulators face a fundamental choice in how they regulate :
-
Rules-Based Regulation: Prescribing specific actions firms must take or avoid.
-
Principles-Based Regulation: Setting out broad principles and expecting firms to interpret and apply them .
The appropriate balance between these approaches is a central theme in financial regulation .