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08/08/2006

Over-regulation

Centre for the Study of Financial Innovation (CSFI) has recently completed its 11th Banana Skins survey of leading members of the finance industry to find out their concerns about the soundness of the financial markets.

The survey, sponsored by PricewaterhouseCoopers, puts together a league table identifying potential sources of risks to banks and ranks them by severity. This year’s survey is based on a record 468 responses in 60 countries.

The poll of top financial practitioners, regulators and analysts is dominated by the concerns around over-regulation for the second year running. Fast-rising risks this year also include concerns about commodities, interest rates, emerging markets and equity markets.

As far as over-regulation is concerned, may be this is due to the lack of responsibility of some bankers when writing officially about the AML draft law in their country : "offences such as forgery, use of forgery, false balance sheets, use of false balance sheets or unauthorised use of corporate property should not be included. These are offences with financial connotations which are confused with laundering for the sole purpose of applying exceptional powers to these vague offences.".

After cases like Enron, Worldcom..., nobody may seriously consider use of forgery, false balance sheets, use of false balance sheets or unauthorised use of corporate property as "vague offences" and therefore as usual business behaviour.

Such wording unfortunately supports officially bad management and bad governance in this country depite a communication on proper business conduct.


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