监管沙盒:国外应用和本土化

金融科技已成为金融创新和监管创新的主要推动力,也给金融监管带来挑战。英国、印度等国相继推出监管沙盒。借鉴国外发展经验,在监管实施主体层面,国家金融监管部门应与地方政府一起构建跨地区监管沙盒合作机制,实现普惠金融;在测试主体层面,以银行业为切入点逐步推广实施,积极引入金融科技公司形成协同效应,鼓励沙盒中的测试企业建立合作伙伴关系;在金融消费者层面,需要搭建消费者数据共享平台,注重消费者权益保护。未来,中国式监管沙盒需要构建良好的信息传递机制,促进监管能动性的积极转变,实现金融科技与监管创新的协同发展。     

Obeying the rules: Accounting for regulatory compliance costs in the United Kingdom

The U.K. Government has embarked on a deregulatory programme aimed at ‘liberating’ business from, inter alia, onerous regulatory compliance costs. In doing so it has developed and utilized an accounting-based technique known as Compliance Cost Assessment (CCA). This paper describes and analyses this technique, and demonstrates that CCA has been used as a perceived rational tool to counter regulatory growth and to privilege certain interests in society.     

Do insurers use internal capital markets to manage regulatory scrutiny risk?

Empirical evidence suggests that insurance groups allocate capital to members with better performance or growth prospects and use internal capital markets (ICMs) to protect the franchise value of less capitalized members. We propose and test an additional motivation for the use of ICMs—to manage regulatory scrutiny risk. We show that almost 50% of insurers at risk of facing additional regulatory scrutiny due to failing four Insurance Regulatory Information System (IRIS) ratios received sufficient internal capital to avoid enhanced regulation. Moreover, the likelihood and extent of internal capital allocation are related to regulatory scrutiny risk and the amount of capital allocated is typically just enough to avoid regulatory scrutiny. Time series evidence indicates that groups manage regulatory scrutiny risk by allocating capital toward affiliates when their pre-capital contribution IRIS ratio failures exceed three, and away from affiliates when they are no longer at risk of additional regulatory scrutiny.     

构建符合我国国情的持续性监管工作框架

我国银行业监督管理委员会核心原则评估小组指出:持续性监管是有效银行监管的重要手段。如何充分借鉴先进国家和地区的经验,建立符合我国国情的持续性监管工作框架,实施对银行业的有效监管,是当前银行业监管面临的一个重要课题。为此,本文在对持续性监管的内涵进行深入细致分析,并总结了前期我国持续性监管的工作成果,在此基础上提出了我国持续性监管的工作框架,即包括监管环境、监管基础设施、监管过程和监管措施四个方面,通过监管法规和监管理念的落实,以及监管手段和监管措施的实施,按照监管标准的要求,取得最终监管目标。     

Market and Political/Regulatory Perspectives on the Recent Accounting Scandals

Not surprisingly, the recent accounting scandals look different when viewed from the perspectives of the political/regulatory process and of the market for corporate governance and financial reporting. We do not have the opportunity to observe a world in which either market or political/regulatory processes operate independently, and the events are recent and not well researched, so untangling their separate effects is somewhat conjectural. This paper offers conjectures on issues such as: What caused the scandalous behavior? Why was there such a rash of accounting scandals at one time? Who killed Arthur Andersen—the Securities and Exchange Commission, or the market? Did fraudulent accounting kill Enron, or just keep it alive for too long? What is the social cost of financial reporting fraud? Does the United States in fact operate a “principles‐based” or a “rules‐based” accounting system? Was there market failure? Or was there regulatory failure? Or both? Was the Sarbanes‐Oxley Act a political and regulatory overreaction? Does the United States follow an ineffective regulatory model?     

数字金融监管创新的法经济学研究

以法经济学相关理论为依据探寻数字金融监管创新的理论逻辑，运用法经济学善用的演化博弈分析方法，对监管机关、数字金融平台与消费者进行三方演化博弈及稳定性策略分析，考虑从三个方面进行创新：监管思路创新，明确监管对数字金融健康有序发展的驱动作用；监管机制创新，探索并完善试验性监管机制，实现监管的提前介入；监管手段创新，充分利用监管科技，使不同阶段的监管激励手段合理化。     

英国金融监管改革新架构及其启示

2007年全球金融危机以来,英国推出了一系列金融监管改革措施。2009年,保守党上台后推行了更为系统和严格的改革方案,打破了英格兰银行、金融服务局(Financial Services Authority,FSA)、财政部"三权分立"的监管模式。FSA将被分拆,其相关职能将由央行框架内的三个机构承担,英格兰银行被赋予全面监管的权力;在微观审慎监管层面,采用"双峰监管"模式,加强对金融消费者的保护,同时设立了特殊处理机制以应对突发事件。英国的新监管框架对我国金融监管强化宏观审慎和微观审慎监管相结合、完善金融消费者权益保护、设立特殊处理机制等方面具有一定的借鉴意义。     

Accounting for deferred tax in Japanese Banks and the consequences for their international operations

In recent years, financial reporting has changed in Japan towards the requirements of internationally recognized accounting standards. At the same time, banks suffered significant bad debts on their loans and it became difficult to maintain capital adequacy ratios at the level required for international operations. In this context, using as case studies the five major banking groups in Japan from 2002 to 2004, we address four related research questions concerned with the importance of deferred tax for the maintenance of regulatory capital. The responses of the government, regulatory agencies and auditors to problems with deferred tax accounting are also considered. We find that, without deferred tax assets, the five major banking groups would not have been allowed to operate internationally. We also suggest implications, and conclude that the solutions to these problems lie not just with the accounting profession but also with the government and regulatory agencies, as part of wider financial, rather than accounting, reform.     

央地金融监管协作:经验、回顾与展望

我国金融业体量庞大且关联复杂,金融治理愈发需要发挥中央和地方的协作,形成合力。近年来,各地均在探索建立中央金融管理部门分支机构与地方政府的监管协调机制,但仍缺乏系统、明确的顶层设计,且面临中央指导不够、基层力量不足、法律规定不明等挑战。本文对国内外的央地金融监管协调机制作了梳理,按互动程度深浅将国际上金融监管协作机制分为无需互动、有限互动和深度互动三种模式,并按时间和特点将国内央地监管协作机制建设分为四个阶段。在此基础上,通过分析现有机制中存在的困难和挑战,本文提出了构建双层监管协作框架、完善金融委地方协调机制、完善法律配套体系等系列建议。     

全球稳定币的系统性风险:监管挑战与应对

2008年次贷危机至今,全球宏观审慎监管框架始终着眼于防范传统金融机构的系统性风险,却忽视了新兴的全球稳定币及其所引发的支付方式变革。全球稳定币诱发系统性风险的路径不仅包括因为替代法币支付功能从而加剧金融功能的脆弱性,还包括加深金融结构集中度与金融网络复杂性。同时,全球稳定币给既有的"宏观审慎监管"框架造成监管信息滞后、监测制度缺位、货币政策失灵以及监管机制碎片化等诸多监管挑战。因此,重塑功能监管的监管理念,创新Regtech监管手段,革新传统监管政策,并推进合作主义规制,是当前金融监管层有效防范全球稳定币系统性风险的必要举措。我国也应积极参与构建全球稳定币的监管机制,制定或完善国内的相关监管政策,以守住不发生系统性风险的底线。     

论银行市场风险的资本计提——兼评内部模型法的适用性

市场风险及其监管资本要求的计量历来为业界和监管当局所关注。近期,次贷危机爆发导致的市场动荡使得全球银行业和监管当局开始重新审视其市场风险管理和监管资本要求。文章结合国际银行业和监管机构计量市场风险及其监管资本要求的当前做法,针对我国银行业的实际情况,重点探索了内部模型法在我国银行业的适用性,尤其是从方法论、特殊风险计量、验证等角度探讨了内部模型法的主要工具——风险价值体系在我国银行业计量市场风险及其监管资本要求的适用性,并从方法论和应用层面提出了相应的政策建议。     

Combining fair pricing and capital requirements for non-life insurance companies

The aim of this article is to identify fair equity-premium combinations for non-life insurers that satisfy solvency capital requirements imposed by regulatory authorities. In particular, we compare target capital derived using the value at risk concept as planned for Solvency II in the European Union with the tail value at risk concept as required by the Swiss Solvency Test. The model framework uses Merton’s jump-diffusion process for the market value of liabilities and a geometric Brownian motion for the asset process; fair valuation is conducted using option pricing theory. We show that even if regulatory requirements are satisfied under different risk measures and parameterizations, the associated costs of insolvency – measured with the insurer’s default put option value – can differ substantially.     

The role of transparency in regulatory governance: comparing US and EU regulatory systems

The United States and European Union have focused on improving the practices used to develop and implement legal requirements as a way to improve the quality of regulations themselves. Transparency in the regulatory process, from determining regulatory goals, to evaluating alternative means to achieve those goals, to enforcing regulatory requirements, features high on the agenda of cross-cutting government reform programs that address the issue of ‘regulatory quality.’ This article examines the transparency of procedures in the US and the EU related to impact analysis and public comment. It examines the importance of transparency for ensuring the effectiveness of these two regulatory practices, summarizes regulatory procedures in the US and the EU, compares the different approaches, and highlights the relative merits of each.     

Is bank diversification a linking channel between regulatory capital and bank value?

This study investigates the interrelationship between bank regulatory capital and bank diversification. We argue that regulatory capital might act as a substitutive mechanism of diversification to alleviate a bank's default risk. As a result, regulatory capital is likely to discourage firms from excessive diversification, which might in turn indirectly improve bank value. Using a sample of listed banks in developed countries from 2011 to 2017, we find that total regulatory capital is inversely associated with bank diversification. Narrower regulatory capital ratios only have a significant association with income-based but not with asset-based diversification. Our results also reveal an indirect effect of regulatory capital on bank value mediated by bank diversification (i.e. indirect-only mediation). Overall, our study provides novel insights into the complementarity of the institutional and strategic domains so as to understand the far-reaching implications of regulation reforms for the strategic behaviour of banking companies.     

Nanotechnology: Mapping the wild regulatory frontier

This paper examines the phenomena of nanotechnology and takes some tentative steps towards defining new regulatory frontiers within which this technology may operate. While nanotechnology has attracted much attention with respect to its scientific and business potential, debate on associated ethical, policy, regulatory and legal aspects has been limited. This paper builds on the conceptual frameworks of Ayres and Braithwaite [Responsive Regulation: Transcending the Deregulation Debate, Oxford University Press, Oxford, 1992] and Grabosky [Discussion paper: Inside the pyramid: towards a conceptual framework for the analysis of regulatory systems, International Journal of the Sociology of Law, 25 (1997) 195-201], in order to address the regulatory challenges posed by the novel properties and products emerging from nanotechnology. The paper considers the current regulatory frameworks that impact upon nanotechnology in Australia, and concludes that there is an emerging regulatory gap between the exciting commercial advances being made in this sector and the community's expectations for regulatory safeguards and protections. The paper also concludes that, unlike earlier technologies, there is now a unique opportunity to carefully consider the benefits as well as the impacts of nanotechnology before it arrives. This will require clearer articulation of policy, regulatory and legal frontiers crucial to the emerging nano-age.     

Financial stability and Basel II

The Basel II Advanced Internal Ratings (AIRB) approach is compared to capital requirements set using an equilibrium structural credit risk model. Analysis shows the AIRB approach undercapitalizes credit risk relative to regulatory targets and allows wide variation in capital requirements for a given exposure owing to ambiguity in the definitions of loss given default and exposure at default. In contrast, the Foundation Internal Ratings Based (FIRB) approach may over-capitalize credit risk relative to supervisory objectives. It is unclear how Basel II will buttress financial sector stability as it specifies the weakest regulatory capital standard for large complex AIRB banks.      

Transparency and the regulatory process in Europe and the United States: two research priorities

Transparency research related to the regulatory process would benefit most from two types of empirical studies. One batch of studies, described in the fifth section of this essay, would focus on the American states and the member states of the European Union to identify the factors that determine whether regulatory processes are more transparent and whether transparency is successful in improving regulations and the regulatory process. In other words, we need comparative state (for the US) and member state (for the EU) studies to develop metrics for the quality of regulations and the role of transparency is advancing or weakening the quality of regulations at the state (for the US) and member state (for the EU) level. The second batch of studies, described in the sixth section of this essay, would explore who uses the information currently provided at the levels of transparency currently available in regulatory processes at the European Union and federal government of the United States. Who benefits from transparency and how are they using the available transparency mechanisms?     

Accounting standards,regulatory enforcement,and innovation

We examine the effects of accounting standards and regulatory enforcement on entrepreneurial innovation and social welfare. When the entrepreneur issues a financial report that violates the accounting standards, a regulatory agency may detect the violation and bring charges. We find that when regulatory penalties are relatively insensitive to the magnitude of the violation, optimal standards are sufficiently low that they induce full compliance, and increase as the intensity of enforcement increases. In contrast, when regulatory penalties are sensitive to the magnitude of the violation, optimal standards induce non-compliance and decline as the intensity of enforcement increases.     

Expert assessment of the performance of the US system for environmental regulation

A questionnaire was developed and administered to four groups of experts in order to assess their views about the attributes of ‘an ideal regulatory system’ and determine the extent to which they believe the current US system for regulating criteria air pollutants and surface water quality conforms to that ideal. A linear multi-attribute utility score was developed for each respondent and for groups identified as: academia, government, industry, and non-governmental organizations. There is considerable agreement among respondents, although some groups identify different primary attributes of regulation as more important, assigning significantly different weights. On average, respondents assess the US system for regulating criteria air pollution as operating at only 38% of their ideal; water survey respondents score current mean performance of the US regulatory system at 35% of their ideal. Asked to assess how well the current US system could be made to operate ‘without fundamental changes,’ respondents scored potential maximum performance at between 52% and 64%, still short of ideal, but a significant increase in the existing performance.     

Recent changes to the regulatory framework for the private capital market

The study reviews key regulatory events in the private offerings market during the period 2005–2020. One goal of this review is to help researchers identify and better understand these regulatory changes, and how they affect capital raising and investing in this market. Hopefully, some of them also could be used as exogenous shocks in future research. Another goal is to encourage researchers to study more closely some of the recent regulatory changes and nudge them to explore interesting issues in the private offerings area. Recent studies that have studied some of these regulatory events are reviewed as well.