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Financial regulation
Rules or restrictions for financial institutions
Rules or restrictions for financial institutions
Financial regulation is a broad set of policies that apply to the financial sector in most jurisdictions, justified by two main features of finance: systemic risk, which implies that the failure of financial firms involves public interest considerations; and information asymmetry, which justifies curbs on freedom of contract in selected areas of financial services, particularly those that involve retail clients and/or principal–agent problems. An integral part of financial regulation is the supervision of designated financial firms and markets by specialized authorities such as securities commissions and bank supervisors.
In some jurisdictions, certain aspects of financial supervision are delegated to self-regulatory organizations. Financial regulation forms one of three legal categories which constitutes the content of financial law, the other two being market practices and case law.
History
Financial regulation has ancient roots, often evolving in response to economic crises or the need to standardize commerce. The Code of Hammurabi (c. 1700 BCE) contained standards for lending and the regulation of interest. In the Roman Empire, banking was expanded beyond temples into private and state roles. This lead to the creation of distinct financial institutions subject to administrative oversight. During the medieval period, financial regulation in Europe was heavily influenced by religious restrictions on usury (the charging of interest), which shaped the development of early merchant banks in Italy.
In the early modern period, the Dutch were the pioneers in financial regulation. The first recorded ban (regulation) on short selling was enacted by the Dutch authorities as early as 1610.
Aims of regulation
The objectives of financial regulators are usually:
- market confidence – to maintain confidence in the financial system
- financial stability – contributing to the protection and enhancement of stability of the financial system
- consumer protection – securing the appropriate degree of protection for consumers.
- reduce financial crime
- regulate foreign participation
Structure of supervision
Acts empower organizations, government or non-government, to monitor activities and enforce actions. There are various setups and combinations in place for the financial regulatory structure around the globe.
Securities market regulation
Main article: Securities commission
Exchange acts ensure that trading on the floor of exchanges is conducted in a proper manner. Most prominent the pricing process, execution and settlement of trades, direct and efficient trade monitoring.
Financial regulators ensure that listed companies and market participants comply with various regulations under the trading acts. The trading acts demands that listed companies publish regular financial reports, ad hoc notifications or directors' dealings. Whereas market participants are required to publish major shareholder notifications. The objective of monitoring compliance by listed companies with their disclosure requirements is to ensure that investors have access to essential and adequate information for making an informed assessment of listed companies and their securities.
Asset management supervision or investment acts ensures the frictionless operation of those vehicles.
Supervision of banks and financial services providers
Main article: Bank regulation
Banking acts lay down rules for banks which they have to observe when they are being established and when they are carrying on their business. These rules are designed to prevent unwelcome developments that might disrupt the smooth functioning of the banking system. Thus ensuring a strong and efficient banking system.
Financial supervisory authorities
Main article: List of financial supervisory authorities by country
References
References
- Joanna Benjamin 'Financial Law' Oxford University Press
- "The Code of Hammurabi". Yale Law School Lillian Goldman Law Library.
- "The Evolution of Banking: From Temples to Digital Platforms". Investopedia.
- Ferguson, Niall. (2008). "The Ascent of Money: A Financial History of the World". Penguin Books.
- Clement, Piet; James, Harold; [[Herman Van der Wee. Van der Wee, Herman]] (eds.): ''Financial Innovation, Regulation and Crises in History''. (Routledge, 2014. xiii + 176 pp. {{ISBN. 9781848935044)
- (2016-04-20). "UK FSA statutory objectives".
- (2011-09-23). "What is Financial Regulation Trying to Achieve?, Riccardo De Caria".
- (August 2025). "Luxembourg CSSF structure and organisation}}{{Dead link".
- "German BAFin supervision organisation".
- "Suisse finma stock exchange supervision".
- "German BAFin stock exchange supervision".
- "Finland FSA supervion of listed companies".
- "Saudi Arabia market supervision".
- (December 2017). "Borsa Italiana listed stock supervision}}{{dead link".
- "US SEC Division of Investment Management".
- "Reserve Bank of India, Department of Banking Supervision".
- "Luxembourg CSSF Supervision of Banks".
This article was imported from Wikipedia and is available under the Creative Commons Attribution-ShareAlike 4.0 License. Content has been adapted to SurfDoc format. Original contributors can be found on the article history page.
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