Friday, 10 May 2019

CFA Institute Investment Foundations Program: Chapter 3 – Regulation


In a previous article, we introduced the CFA Institute Investment Foundation Program (Read more here).  It is a free program designed for anyone who wants to enter or advance within the investment management industry, including IT, operations, accounting, administration, and marketing.  Candidates who successfully pass the online exam earn the CFA Institute Investment Foundations Certificate.

There are total of 20 Chapters in 7 modules, covering all the essential topics in finance, economics, ethics and regulations.  This series of articles will highlight the core knowledge of each chapter.
Chapter 3 provides an overview of regulation. The learning outcome of chapter 3 is as follows:

·        Define regulations;
·        Describe objectives of regulation;
·        Describe potential consequences of regulatory failure;
·        Describe a regulatory process and the importance of each step in the process;
·        Identify specific types of regulation and describe the reasons for each;
·        Describe elements of a company’s policies and procedures to ensure the company complies with regulation;
·        Describe potential consequences of compliance failure.

Rules are important to the investment industry. Without rules, customers could be sold unsuitable products and lose some or all of their life savings. Customers can also be harmed if a company in the investment industry misuses customer assets. Furthermore, the failure of a large company in the financial services industry, which includes the investment industry, can lead to a catastrophic chain reaction that results in the failure of many other companies, causing serious damage to the economy.

Regulations are rules that set standards for conduct and that carry the force of law. They are set and enforced by government bodies and by other entities authorised by government bodies. This enforcement aspect is a critical difference of regulations with ethical principles and professional standards. Violations of ethical principles and professional standards have consequences, but those consequences may not be as severe as those for violations of laws and regulations. Therefore, laws and regulations can be used to reinforce ethical principles and professional standards.

The broad objectives of regulation include the following:
1.      Protect consumers;
2.      Foster capital formation and economic growth;
3.      Support economic stability;
4.      Ensure fairness;
5.      Enhance efficiency; and
6.      Improve society.
  
Exhibit 1 shows the regulatory process.



Inadequate regulation and failure to enforce regulation can have a variety of consequences, including failing to meet the objectives above. The results of a regulatory breakdown can harm customers and counterparties as well as damage trust in the financial services industry, which includes the investment industry. Customers may lose their life savings when sold unsuitable products or customers could be harmed if an investment firm misuses customer assets.  Furthermore, the failure of one large company in the financial services industry can lead to a catastrophic chain reaction (contagion) that results in the failure of many other companies, causing serious damage to the economy.


Sample Question:

Insider trading is best defined as:
 
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