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REGULATORS STILL STRUGGLING TO BALANCE PROTECTION WITH GROWTH, ACCORDING TO FINANCIAL SERVICE FIRMS

Published by Gbaf News

Posted on December 13, 2013

6 min read
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Global Perspectives on Regulatory Effectiveness

Nearly half of financial services professionals (49%) globally don’t believe that any regulator has managed to strike the right balance between protecting investors and underpinning growth, according to a survey commissioned by global professional services firm Kinetic Partners. The firms surveyed for Kinetic Partners’ 2014 Global Regulatory Outlook report urged global regulators to coordinate their regulatory efforts.

Regulators still struggling to balance protection with growth, according to financial service firms

Regulators still struggling to balance protection with growth, according to financial service firms

Overall, fewer than one in five highlighted any single national regulator as having found the right balance between stabilising the financial system, protecting investors, reacting to public opinion and creating a framework for growth.

Survey Reveals Key Regulatory Insights

Other key findings from the survey include:

  • Only 12% globally believed that the SEC had found the balance between growth and protection, with the figure the same for US respondents;
  • 18% thought that the FCA had achieved this balance, rising to 20% of those based in the UK;
  • Just 12% thought the SFC had the right balance, and 41% of those from Hong Kong.

Overall, 49% thought that no regulator had succeeded in this respect, with a majority of respondents in the US and the UK holding this view. When asked for the single most important factor in delivering an effective regulatory framework for financial services, more than three quarters of professionals cited single global regulatory standards (29%), principles-based regulatory standards (26%) or better communication from regulators (22%).

“Despite a slight home country bias, those most directly affected by financial legislation feel that regulators are still struggling to find their way. What many would like to see in the future is principles-based regulation that’s consistent across the borders,” said Monique Melis, Global Head of Regulatory Consulting at Kinetic Partners. “This will not be easy to achieve, however.”

Demand Grows for Greater Regulatory Coordination

Those calling for greater harmonisation in Kinetic Partners’ 2014 GRO report include Andrew Baker, chief executive of the Alternative Investment Management Association and Ron S. Geffner, Vice President of the Hedge Fund Association. Former Irish Taoiseach and EU Ambassador to the US John Bruton, also adds his voice, but warns that reaching agreement between even the US and Europe will not be straightforward.

Doug Shulman, Kinetic Partners’ Director of Regulatory Compliance in New York, said: “Despite calls for greater coordination, there are far too few examples of cross-jurisdictional approaches between regulators and that has made the regulatory environment increasingly more difficult, and often confusing, for banks, asset managers and hedge funds.”

Impact of Regulation on Competition and Costs

Whilst a minority (43%) say that, in seeking to impose burdens on firms outside their domicile, regulators have increased competition, 62% say the impact has been to push up prices for asset management services and products.

Shulman continues: “Global managers might welcome a uniform regulatory approach across borders, as they struggle to satisfy the growing number of regulators that impose their individual requirements overseas. Without proper international coordination, it will be increasingly difficult to comply with the growing body of regulation, particularly for smaller firms. It’s not clear that would be in consumers’ interests.”

Nearly half of financial services professionals (49%) globally don’t believe that any regulator has managed to strike the right balance between protecting investors and underpinning growth, according to a survey commissioned by global professional services firm Kinetic Partners. The firms surveyed for Kinetic Partners’ 2014 Global Regulatory Outlook report urged global regulators to coordinate their regulatory efforts.

Regulators still struggling to balance protection with growth, according to financial service firms

Regulators still struggling to balance protection with growth, according to financial service firms

Overall, fewer than one in five highlighted any single national regulator as having found the right balance between stabilising the financial system, protecting investors, reacting to public opinion and creating a framework for growth.

Other key findings from the survey include:

  • Only 12% globally believed that the SEC had found the balance between growth and protection, with the figure the same for US respondents;
  • 18% thought that the FCA had achieved this balance, rising to 20% of those based in the UK;
  • Just 12% thought the SFC had the right balance, and 41% of those from Hong Kong.

Overall, 49% thought that no regulator had succeeded in this respect, with a majority of respondents in the US and the UK holding this view. When asked for the single most important factor in delivering an effective regulatory framework for financial services, more than three quarters of professionals cited single global regulatory standards (29%), principles-based regulatory standards (26%) or better communication from regulators (22%).

“Despite a slight home country bias, those most directly affected by financial legislation feel that regulators are still struggling to find their way. What many would like to see in the future is principles-based regulation that’s consistent across the borders,” said Monique Melis, Global Head of Regulatory Consulting at Kinetic Partners. “This will not be easy to achieve, however.”

Those calling for greater harmonisation in Kinetic Partners’ 2014 GRO report include Andrew Baker, chief executive of the Alternative Investment Management Association and Ron S. Geffner, Vice President of the Hedge Fund Association. Former Irish Taoiseach and EU Ambassador to the US John Bruton, also adds his voice, but warns that reaching agreement between even the US and Europe will not be straightforward.

Doug Shulman, Kinetic Partners’ Director of Regulatory Compliance in New York, said: “Despite calls for greater coordination, there are far too few examples of cross-jurisdictional approaches between regulators and that has made the regulatory environment increasingly more difficult, and often confusing, for banks, asset managers and hedge funds.”

Whilst a minority (43%) say that, in seeking to impose burdens on firms outside their domicile, regulators have increased competition, 62% say the impact has been to push up prices for asset management services and products.

Shulman continues: “Global managers might welcome a uniform regulatory approach across borders, as they struggle to satisfy the growing number of regulators that impose their individual requirements overseas. Without proper international coordination, it will be increasingly difficult to comply with the growing body of regulation, particularly for smaller firms. It’s not clear that would be in consumers’ interests.”

Key Takeaways

  • Nearly half (49%) of financial services professionals believe no regulator has balanced investor protection with economic growth.
  • Only small minorities credit the SEC (12%), FCA (18%), and SFC (12%) with achieving the regulatory balance, with slightly higher national confidence.
  • Majority favour harmonisation: 29% advocate single global standards, 26% principles‑based regulation, and 22% better regulator communication.
  • Regulators’ lack of cross‑border coordination creates confusion and raises asset management costs for globally active firms.

References

Frequently Asked Questions

Which regulators were assessed in the survey?
Respondents evaluated the SEC (US), FCA (UK) and SFC (Hong Kong) in terms of achieving the balance between protection and growth.
How many professionals believe no regulator has succeeded?
49% of financial services professionals globally said that no regulator has successfully balanced investor protection with supporting growth.
What regulatory improvements do professionals desire?
They cite single global regulatory standards (29%), principles‑based regulation (26%) and better communication from regulators (22%) as the most important factors.

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