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Financial Regulation
Financial Regulation
Financial Regulation
Financial regulations are laws that govern banks, investment firms, and insurance
companies. They protect you from financial risk and fraud. But they must be balanced
with the need to allow capitalism to operate efficiently.
Ensuring firms have the funding to trade safely, have the appropriate risk controls in
place and are appropriately governed is known as “prudential regulation”.
Ensuring firms treat customers fairly from the sales process to how complaints are
managed, is known as “consumer protection”.
An important part of prudential regulation is authorisation. We call this our
“gatekeeper role” and means we only allow firms to operate in the financial system
once they have fulfilled a number of criteria, including governance and risk control.
Consumer protection rules are also in place. These spell out how firms must treat
their customers when selling them financial products. So for example, a regulated
firm must ensure that it “acts honestly, fairly and professionally in the best interests
of its customers and the integrity of the market” [ CITATION Cen20 \l 1033 ]
Insurance Commission
The Commission shall have the powers and functions provided by the Securities
Regulation Code, Presidential Decree No. 902-A, as amended, the Corporation Code, the
Investment Houses Law, the Financing Company Act, and other existing laws.
Under Section 5 of the Securities Regulation Code, Rep. Act. 8799, the Commission shall
have, among others, the following powers and functions:
It also has the responsibility of maintaining surveillance over the capital market
towards enhancing its efficiency.
The Securities and Exchange Commission issues guidelines for the establishment
of stock exchanges in different locations of the country due furtherance of the
deregulation of the capital market.
The commission is mandated to determine the price of all securities issued in the
country involving all public enterprises or private companies with alien ownership
interest. [CITATION Sec20 \l 1033 ]
Board of Investments
As an attached agency of Department of Trade and Industry (DTI), The Philippine Board
of Investments (BOI) is responsible for the development of investments here in the
Philippines. Leading the promotions of various industries and investment opportunities,
BOI assists Filipino and foreign investors to venture and thrive in vast areas of economic
pursuits and acts as your one-stop shop in doing business in the Philippines.
In financial markets, some players or firms failed to survive even they comply with the
regulation set. The reason being is that these firms respond to the following market
drivers:
Competitiveness
Market Behavior
Consistency
Stability
Credit Ratings
Credit rating is an analysis of the credit risks associated with a financial instrument or
a financial entity. It is a rating given to a particular entity based on the credentials
and the extent to which the financial statements of the entity are sound, in terms of
borrowing and lending that has been done in the past.
Usually, it is in the form of a detailed report based on the financial history of
borrowing or lending and credit worthiness of the entity or the person obtained
from the statements of its assets and liabilities with an aim to determine their ability
to meet the debt obligations. It helps in assessment of the solvency of the particular
entity. These ratings based on detailed analysis are published by various credit rating
agencies like Standard & Poor's, Moody's Investors Service, and ICRA, to name a few.
[CITATION Ben20 \l 1033 ]
A credit rating is an opinion of a particular credit agency regarding the ability and
willingness an entity (government, business, or individual) to fulfill its financial
obligations in completeness and within the established due dates. A credit rating
also signifies the likelihood a debtor will default. It is also representative of the credit
risk carried by a debt instrument – whether a loan or a bond issuance.
Cost of Debt
The cost of debt is the effective interest rate a company pays on its debts. It’s the
cost of debt, such as bonds and loans, among others. The cost of debt often refers to
before-tax cost of debt, which is the company's cost of debt before taking taxes into
account. However, the difference in the cost of debt before and after taxes lies in the
fact that interest expenses are deductible.
The cost of debt is the rate a company pays on its debt, such as bonds and loans.
The key difference between the cost of debt and the after-tax cost of debt is the
fact that interest expense is tax-deductible.
Cost of debt is one part of a company’s capital structure, with the other being the
cost of equity.
Calculating the cost of debt involves finding the average interest paid on all of a
company’s debts.
Cost of debt is one part of a company's capital structure, which also includes the cost
of equity. Capital structure deals with how a firm finances its overall operations and
growth through different sources of funds, which may include debt such as bonds or
loans, among other types.
The cost of debt measure is helpful in understanding the overall rate being paid by a
company to use these types of debt financing. The measure can also give investors
an idea of the company's risk level compared to others because riskier companies
generally have a higher cost of debt. [ CITATION Che20 \l 1033 ]
Solvency = strong balance sheet with manageable debt ratios, leverage, and risk that
is low enough to maintain access to ongoing funds should the need arise.
Solvency, though related to liquidity, refers to a firm’s overall credit picture and its
ability to fulfill long-term obligations and secure funding in the future. It is related to
the overall capital structure of a firm, its degree of financial leverage, and the risk
associated with that structure.
Debt, when used carefully and appropriately, can fund growth, provide financial
leverage, and compensate for business fluctuations. Excessive or inappropriate debt
is dangerous and must be avoided through thoughtful debt management.
Valuation of Collaterals
Collateral Valuation (also Collateral Appraisal) is the methodology used by a firm (in
particular financial services firms such as banks) to measure the value of collateral linked
to their lending activities. [ CITATION Opend \l 1033 ]
Types of Valuation
Depending on the nature of the collateral the following valuation types might be
available:
Full Appraisal
Drive-by
Automated Valuation Model
Indexed
Desktop
Managing or Estate Agent
Purchase Price
Hair Cut
Mark to market
Counterparties Valuation
References
Amadeo, K. (2020, March 14). Financial Regulations: Do Regulations Keep Your Money Safer?
The Balance.
Bennett, Coleman & Co. Ltd. (2020). Definition of 'Credit Rating'. The Economic Times.
Central Bank of Ireland. (2020). Explainer - What is financial regulation and why does it matter?
Retrieved October 28, 2020, from Central Bank of Ireland:
https://www.centralbank.ie/consumer-hub/explainers/what-is-financial-regulation-and-
why-does-it-matter
CFI Education Inc. (2020, January 27). Credit Rating - Overview, Types, and Users of Credit
Ratings. Retrieved October 27, 2020, from Corporate Finance Institute:
https://corporatefinanceinstitute.com/resources/knowledge/finance/credit-rating/
Chen, J. (2020, February 5). Cost of Debt. Retrieved October 28, 2020, from Investopedia:
https://www.investopedia.com/terms/c/costofdebt.asp
Insurance Commission. (n.d.). Mandates, Objectives, and Functions | Official Website of the
Insurance Commission. Retrieved October 28, 2020, from insurance.gov.ph:
https://www.insurance.gov.ph/about/mandates-objectives-and-functions/
Investopedia. (2020, February 9). Risks Associated With Financial Markets. Retrieved October 25,
2020, from Investopedia: https://www.investopedia.com/ask/answers/050515/what-are-
some-examples-risks-associated-financial-markets.asp
Iskribo. (2018). Bangko Sentral ng Pilipinas: Roles and Responsibilities | Iskribo . Retrieved
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pilipinas-roles-and-responsibilities/
Lascano, M., Baron, H., & Cachero, A. T. (2019). Fundamentals of Financial Markets.
Open Risk Manual. (n.d.). Collateral Valuation. Retrieved October 29, 2020, from
openriskmanual.org:
https://www.openriskmanual.org/wiki/Collateral_Valuation#:~:text=Collateral
%20Valuation%20%28also%20Collateral%20Appraisal%29%20is%20the
%20methodology,value%20of%20collateral%20linked%20to%20their%20lending
%20activities.
Securities and Exchange Commission. (n.d.). Power and Functions. Retrieved October 28, 2020,
from sec.gov.ph: https://www.sec.gov.ph/about-us/power-and-functions/
Turnkey Group. (2017, September 8). Key Drivers of Sustainability – Role of Stakeholders and
Business Drivers. Retrieved October 29, 2020, from Turnkey Group:
https://www.turnkeygroup.net/key-drivers-sustainability-role-stakeholders-business-
drivers/