MEMBERS OF THE governance body Chartered
Secretaries Australia (CSA) believe it is time to
increase debate on the international regulation of
global financial markets.
A report by CSA, titled Global Regulation of Finan
cial Markets, established that nearly two thirds (62 per
cent) of those working in governance believe that the
financial markets should be regulated globally because
of the recent economic upheaval.
“As one respondent commented, it is a global issue
that transcends international boundaries, so any solution
needs to be focused internationally,” said CSA chief
executive Tim Sheehy.
However, despite majority support for global reg
ulation, 38 per cent of respondents are not convinced
that it would succeed. Concerns ranged from anxiety
that global regulation would involve compromises
that could lower standards in Australia, to the poten
tial for heightened risk with supervision situated in
one body only.
Nonetheless, there is no question that the
increased complexity of the international financial
markets – and the use of derivatives and other finan
cial instruments to enhance short-term profitability
– has set in motion the debate about the need for a
better assessment framework.
An overwhelming 87 per cent of CSA respon
dents stated that, if global regulation was intro
duced, investment banks should be the focus, with
74 per cent seeing a role for the global regulation of
banks and 61 per cent for other financial institu
tions and market operators.
Rating agencies were criticised because they were
unable to “truly understand the dicing and slicing that
has been behind much of the derivatives on the mar
ket”, as one respondent noted. Such views prompted
65 per cent of respondents to argue that rating agencies
should be truly independent, and take none of their
funding from either issuers or investors.
“Clearly, rating agencies have a conflict of interest,
so it is up to governments, and indeed financial institu
tions themselves, to consider what alternatives exist for
establishing credible risk-evaluation processes that will
rebuild confidence in the rating process,” Sheehy said.
Given the Australian approach to governance issues,
it is probably not surprising that CSA prefers any global
regulation to be principles-based, rather than the pre
scriptive, black-letter law approach favoured in the US,
the world’s largest capital market. Respondents in
favour of a principles-based approach noted it would
provide regional flexibility while still providing an
overall risk management structure.
“A prescriptive approach would require uniform
enforcement, which was considered unfeasible by
many, and also too inflexible, as it would not allow
for the necessary autonomy to fit the circumstances
in different countries,” Sheehy says.
Some CSA members suggested a combination of
prescriptive and principles-based approaches. A tem
plate for such a compromise is the recent activity sur
rounding the move by US accounting standard setters
to harmonise generally accepted accounting standards
(GAAP) with the international financial reporting
standards (IFRS).
“In fact, one respondent correctly made the point
that, as with accounting standards, there needs to be
some movement towards comparability in regulation,
given that funds can be borrowed globally,” Sheehy says.