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Personal Financial Planning




                    Notes          financial planning essentially boils down to having the client understand exactly what they are
                                   doing and why, with full knowledge of the costs and risks involved. An ethical transaction
                                   occurs when a client truly understands the ramifications of the advisor’s recommendations and
                                   is willing to go forward, assuming that all pertinent laws and regulations are being obeyed.
                                   After all is said and done, ethics can still be viewed as simply knowing the right thing to do, and
                                   then doing it.




                                     Case Study  Should Financial Systems be Rule-based?

                                     A      fter evaluating the pitfalls and advantages of both the systems, there is a view
                                            emerging that the financial system should be more rules-based.

                                     The recent global meltdown has proved one thing: Neither a rules-based regulatory system
                                     nor a principles-based regulatory system is a guarantee against bank failure. However,
                                     after evaluating the pitfalls and advantages of both the systems, there is a view emerging
                                     that the financial system should be more rules-based; this is especially true in the UK.

                                     In contrast, two committees set up in India — the Percy Mistry Committee (2007) and the
                                     Raghuram Rajan Committee (2008) — to look into financial sector reforms have
                                     recommended that India’s regulatory regime should move from rules-based to a principles-
                                     based one.

                                     Principles-based  Regulation (PBR) implies moving away, wherever possible, from
                                     dictating, through detailed prescriptive rules and supervisory actions, how firms should
                                     operate their businesses. Rules-based regulation, it is pointed out, is too rigid and
                                     prescriptive, and often the regulator and the regulated adopt adversarial and antagonistic
                                     postures. Some of the countries that follow principles-based regulatory systems are the
                                     UK, Australia, Canada and Ireland. Some of the leading countries whose regulatory regime
                                     is based on rules are the US, Spain and India.

                                     However, as noted in the Turner Review, banks in countries following either of the
                                     systems have failed. For example, banks have failed in the US and the UK. So in a way,
                                     neither of the regulatory systems has proven to be robust. One way to draw lessons from
                                     the crisis would be to examine what countries such as India, Spain and Canada did right to
                                     insulate their financial systems from succumbing to the global crisis.
                                     Spanish Method
                                     It would be worthwhile to examine the approaches of the various regulators to housing or
                                     mortgage finance. Spain, which follows a rules-based system, has a clearly spelt out mortgage
                                     risk policy for its credit institutions. Banco De Espana (BE) lays down that lending policy
                                     of credit institutions for mortgage should take into account the repaying capacity of the
                                     borrowers and should not just be based on the collateral. BE also emphasises on the
                                     importance of the loan to value (LTV) ratio. It cautions its credit institutions against being
                                     too permissive about LTV as this typically increases the expected losses in a mortgage
                                     loan portfolio.
                                     The conservatism that insulated Spanish banks from crisis also played its role in keeping
                                     the banking system healthy in Canada, which follows a principles-based system of
                                     regulation. For example, mortgages with less than a 20 per cent down-payment have to be
                                     insured, and most of the securitised mortgage market consists of Canada Mortgage Bonds,

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