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Lessons from emerging markets: how applicable is the regulatory framework for emerging debt markets Washington, June 2nd 2003 Clemente Del Valle Chairman Securities Commission, Colombia. AGENDA. Lessons from developed markets.

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slide1
Lessons from emerging markets: how applicable is the regulatory framework for emerging debt markets

Washington, June 2nd 2003

Clemente Del Valle

Chairman Securities Commission, Colombia

agenda
AGENDA
  • Lessons from developed markets

Colombian debt market experience: an illustrative case of its achievements and mistakes

Colombian debt market: ongoing reforms

Final remarks

well developed capital markets provide benefits for the entire economy
Well-developed capital markets provide benefits for the entire economy…

Derivative market

…and are an essential tool for growth

  • Better financial management practices
  • Leads to low interest rates

Private sector bond market

  • Expands investors’ options
  • Leads to a more balanced domestic financial architecture

Government bond market

  • Provides short-term bonds and standardized issues for the money market
  • Provides the market benchmark yield curve
  • Supports the development of capital markets infrastructure

Money market

  • Provides liquidity
  • Supports the building of the short-term yield curve
  • Reduces the cost of GS
slide4
Macroeconomic policy

Basic legal framework and infrastructure

Primary market

Issuer

Investor

Secondary market

Intermediaries

Money market

Level of development of the financial sector

SOURCE: Developing Government Bond Markets Handbook, World Bank – IMF, 2.001

principles of the legal framework
Principles of the legal framework
  • Prevent improper market conduct (market manipulation & insider trading)

Fair, efficient and transparent market

  • Intermediaries with minimum capital requirements
  • Internal control procedures

Objectives of

regulatory

framework

Minimization of systemic risk

  • Transparent information disclosure
  • Reliable systems for settlement of cash and securities transactions
  • “Fit and proper” rules for management in securities firms

Protection for investors and consumers of financial services

a well developed debt market implies
A well-developed debt market implies:
  • High levels of professional standards, self-discipline, ethics and size of the intermediaries ( a “professional market”)
  • A well functioning money-markets
  • Good enforcement capacity of the legal and regulatory framework (e.g. ordinary justice, SEC capacity)
  • And /or effective self-regulatory schemes

However a major hurdle in many emerging markets going forward is that those pre-requisites have not been properly assess or have been taken for granted

slide7
Measures in the short and medium term

Secondary Gov. Bond

market liquidity

Debt Policy

  • Debt strategy
  • Market oriented funding strategy
  • Auction procedures
  • Transparency
  • Gov. Bond standardization
  • Short-term yield curve

Macroeconomic

Stability

Infrastructure and

Regulation upgrade

Secondary

intermediaries

Financial

Stability

Debt Policy

  • Strength government debt teams
  • Use of primary dealers
  • Risk management
  • Extend bonds maturities

Credit Rating

System

Money Markets

(repos market)

Disclosure

System

Competition

Expand

Investor base

Bankruptcy

Law

Infrastructure and

Regulation

TIME

agenda1
AGENDA

Lessons from the developed markets

  • Colombian debt market experience: an illustrative case of its achievements and mistakes

Colombian debt market: ongoing reforms

Final remarks

slide9
The domestic sovereign debt has experienced a major development in the last decade…

SOURCE: Ministry of Finance.

it has deepened the capital market
…It has deepened the capital market

SOURCE: Ministry of Finance.

slide11
Most of the fixed income securities are dematerialized

Evolution of securities under custody and and dematerialized securities - DECEVAL

Billions of dollars

SOURCE: DECEVAL.

slide12
Main electronic transactional systems have deepened the market

MEC

Daily Average1997 - 2003

SEN

Private Debt

Public Debt

Daily Average1998 - 2002

Millions of dollars

Millions of dollars

Source: BVC and Banco de la República

slide13
Developing the secondary market

SOURCE: Superintendence of Securities.

slide14
However, showing a high concentration of TES …

Stock Market

The TES market has increased its participation in the stock market from 6% in 1.993 to 40% as of December 2.002.

TES

TES

SOURCE: Superintendence of Securities.

debt portfolio profile has been extended
Debt portfolio profile has been extended

TES PORTFOLIO PROFILE

Average Term

The strategy used has improved the portfolio structure, increasing duration conditions, and average term.

Duration

SOURCE: Ministry of Finance

likewise the yield curve has been extended
Likewise the yield-curve has been extended

SOURCE: Ministry of Finance, April 2003

slide17
In the same way, Institutional Investors have grown

Fondos ComunesOrdinarios,Fondos de Pensiones y Cesantías, Fondos de Valores, Compañías de Seguros y Patrimonio Autónomo ECOPETROL

SOURCE: Superintendence of Securities and Superintendence of Banks

investor base structure
Investor Base Structure

2.002

SOURCE: Ministry of Finance

slide19
The size of securities market has consistently increased during the last years…

SOURCE: Superintendence of Securities and Superintendence of Banks

slide20
Likewise, development of proprietary trading in banks has brought increased sophistication of the market

INCOME STRUCTURE (CREDIT ENTITIES)

As well as in the brokerage firms…

PROPRIETARY

TRADING

PROPRIETARY TRADING

COMMISSION

SOURCE: Asobancaria and Superintendence of Securities

nevertheless some problems have put the market in a risky situation in recent years
Nevertheless, some problems have put the market in a risky situation in recent years ………
  • Industry standards:
    • Low professional standards of the market intermediaries
    • Absence of market integrity
      • Improper use of securities and public resources
      • Distortion of the financial operations and statements
      • Absence of proper Chinese-walls
    • Shortage of capital adequacy and proprietary trading rules
    • Inadequate risk management skills (prudential issues)
nevertheless some problems have put the market in a risky situation
Nevertheless, some problems have put the market in a risky situation
  • Deficient supervisory capacity
    • Imbalance between supervision and regulatory capability
    • Weak enforcement and surveillance
    • More focus on equity markets and brokerage activity (instead of fixed income market)
    • Scarce budgetary autonomy
  • Lack of a self-regulation scheme:
    • A Weak SRO system in place ( stock exchange)
    • There is not enough independence between the SRO role and the commercial and association roles
    • Weak oversight capacity of the supervisor
nevertheless some problems have put the market in a risky situation1
Nevertheless, some problems have put the market in a risky situation
  • Limited development of the money markets:
    • Unclear legal definition of the Repo contract: guarantee loan or temporary buy-sell back guarantees
    • Regulatory arbitrage given lack of coordination between Superintendence of Banks and SEC (terms, discount, operation limits)
    • Unsecure and inefficient settlement system for securities lending and repos (not assume counterparty risk)
    • Inappropriate haircuts and margin calls
    • Inadequate transparency for creditors
nevertheless some problems have put the market in a risky situation2
Nevertheless, some problems have put the market in a risky situation
  • Price formation distortions (Mark to market):
    • Regulatory arbitrage. Two different regimes between Superintendence of banks and the SEC
    • Inflexible accounting structure impedes an update to international standards
    • Numerous mark to market methodologies that do not reflect market conditions
    • Absence of a pricing system
    • Mark to market methodology completely outdated with respect to the international trend
agenda2
AGENDA

Lessons from the developed markets

Colombian debt market experience: an illustrative case of its achievements and mistakes

  • Colombian debt market: ongoing reforms

Final remarks

priority given to issuance of prudent regulation
Priority given to issuance of prudent regulation
  • Mark-to-market valuation
    • SV and SB already issued identical rules to value securities (to avoid regulatory arbitrage) - September 2002
    • SV has approved the methodology developed by BVC to act as a price vendor for TES - January 2003
    • Development of a methodology to provide market prices needed to apply the valuation rules
    • Establishment of a private sector advisory committee - May 2003
  • Proprietary position
    • Rules of capital adequacy have been issued with industries’ approval (March 2003 - August 2003)
    • Standard ratio of capital to weighted risk assets and market risk
    • Based on IOSCO principles and the new Basel Capital Accord
and to develop the money market
... And to develop the money-market
  • Coordination with State entitites: Ministry of Finance, Central Bank, Superintendence of Banks and Superintendence of Securities to align regulation with respect to:
    • Limits
    • Participating agents
    • Collateral
    • Risk factors
  • Work orientated towards development of Repos market, as base for other markets.
increase the professionalism standards of the industry
Increase the professionalism standards of the industry
  • Identify the risky areas within the industry activities
  • Establish the standards for the participants that would diminish those risks (e.g. brokers, dealers, clearinghouses, rating agencies, advisors)
  • Discourage and sanction improper trading and practices
  • Separate treatment and management of intermediary and client assets
  • Brokers, asset managers and advisors must acquire licenses to operate ( professional exams)
governance of the colombian stock exchange bvc
Governance of the Colombian Stock Exchange - BVC
  • Strengthen the governance of BVC
    • Clear mandate for the independent directors
    • Auditing committee
  • Detach self-regulation arm from BVC administration
  • Diversify the composition of the independent members
  • Spin off their association activity
modernize the regulatory framework
Modernize the regulatory framework
  • Securities Law
    • Adoption of IOSCO principles
    • Regulation based on “activities” and not on “entities”
    • Adoption of standards applicable to the market participants
    • Adoption of new sanctioning procedures
  • Strengthening of the supervision capability introducing international accounting standards and improving oversight of the auditing industry
strengthening of the superintendence of securities sv
Strengthening of the Superintendence of Securities (SV)
  • Internal function specialization.
    • Reassignment of functions such as surveillance, enforcement and authorizations.
  • Creation of the Collective Investment Schemes division
  • Reducing red tape.
    • Avoiding duplicity.
    • Abolishing some previous authorizations.
  • Developing an automated system for the surveillance function
  • Strengthening the oversight capacity over the BVC.
agenda3
AGENDA

Lessons from the developed markets

Colombian debt market experience: an illustrative case of its achievements and mistakes

Colombian debt market: ongoing reforms

  • Final remarks
final remarks
Final remarks
  • Primary emphasis should be focused on a sound legal and regulatory framework to develop an adequate debt market
  • Building that framework and a professional market takes time and requires a strong commitment of the industry and the regulator
  • The Ministries of Finance as issuers should involve early in the process the securities regulatory agency
  • Regulatory agencies should reassess the relative priority in terms of supervision (equity market vs. debt market), given the reality of their market.
  • The regulatory framework should take into account the enforcement capability of the supervisor
  • There is a need to strengthen the SRO scheme given the lack of resources of the supervisor (administrative restrictions and budgetary capability).
slide34
Lessons from emerging markets: how applicable is the regulatory framework for emerging debt markets

Washington, June 2nd 2003

Clemente Del Valle

Chairman Securities Commission, Colombia

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