Lecture Legal and regulatory aspects of banking supervision – Chapter 16

The following will be discussed in this chapter: Banking supervision, bank supervision models, harmonization and convergence of bank supervision, supervisory methodologies. | MBF-705 LEGAL AND REGULATORY ASPECTS OF BANKING SUPERVISION OSMAN BIN SAIF Session: SIXTEEN Agenda of this session SECTION 4 Banking Supervision Bank Supervision Models Harmonization and Convergence of Bank Supervision Supervisory Methodologies On site Examination 2 SECTION 4 BANKING SUPERVISION 3 Banking Supervision An ineffective legal framework may result in banking system distress but, more often than not, lack of enforcement and supervision are equally at fault. 4 Banking Supervision (Contd.) Supervisory problems may be rooted in: conflicting public policy goals for supervision; political interference; a lack of political will to deal with problems; organizational weaknesses such as: understaffing, inadequate compensation, poor leadership, and divided supervisory responsibilities; and the lack of a clear understanding on the role of supervision. 5 Banking Supervision (Contd.) Problems may also result from examination methodologies that focus on technical compliance with laws. | MBF-705 LEGAL AND REGULATORY ASPECTS OF BANKING SUPERVISION OSMAN BIN SAIF Session: SIXTEEN Agenda of this session SECTION 4 Banking Supervision Bank Supervision Models Harmonization and Convergence of Bank Supervision Supervisory Methodologies On site Examination 2 SECTION 4 BANKING SUPERVISION 3 Banking Supervision An ineffective legal framework may result in banking system distress but, more often than not, lack of enforcement and supervision are equally at fault. 4 Banking Supervision (Contd.) Supervisory problems may be rooted in: conflicting public policy goals for supervision; political interference; a lack of political will to deal with problems; organizational weaknesses such as: understaffing, inadequate compensation, poor leadership, and divided supervisory responsibilities; and the lack of a clear understanding on the role of supervision. 5 Banking Supervision (Contd.) Problems may also result from examination methodologies that focus on technical compliance with laws. In some cases, problems also occur because of the lack of an early warning system and off-site surveillance capabilities. More often than not, though, supervisory problems result from a combination of these factors. 6 Bank Supervision Models in the Industrialized Countries Bank supervision in the industrialized countries developed in response to financial crises, economic events, and political phenomena. Very often, the form of bank supervision reflected philosophical and social differences in the role of government and in the organization of society. 7 Bank Supervision Models in the Industrialized Countries (Contd.) These differences were embodied in two principal models of bank regulation and supervision: an informal approach that relied on consultation and moral persuasion; and a formalized approach that required active, "hands-on" verification through on-site inspection. 8 Harmonization and Convergence of Bank Supervision Despite the differences in supervisory approaches, there is

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