Professional Documents
Culture Documents
The Institute of Bankers Pakistan has taken all reasonable measures to ensure the accuracy of
the information contained in this book and cannot accept responsibility or liability for errors or
omissions from any information given or for any consequences arising. This book should only
be used as a reference book and other books and material must be referred to on this subject
to complete understanding.
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Contents
Part 1:Overview of the Financial System
Chapter 1:Importance of a Branch 2
Part 5: Yields
17
9
Part 1: Overview of the Financial System
Learning Outcome
By the end of this chapter you should be able to:
Introduction to
Financial Financial system of any country consists of money, banking, financial institutions and
Systems
the financial markets _ both money and stock. Thus study of tinancial systems is
essentially the study of monetary issues affecting a country’s economy, along with how banks,financial
institutions and financial markets operate and the role of the central bank in controlling financial institutions. A
country’s financial system handles regular transactions such as payments in the retail or wholesale markets,
payment of all types of bills, of wages and salaries, management of savings and investments, etc. The financial
system also includes insurance companies and banks which in turn handle huge sums of money on behalf of
individuals and business communities, both as depositors and borrowers. The IT systems facilitate payments
between financial institutions, companies and individuals.
A system that works at the global, regional or firm-specific
The financial system covers Components of the Financial System level and enables them to exchange funds.
Money, Banks, Financial institutions, The firm's financial system is the set of implemented
insurance companies and is basically the A financial system has five components: procedures that track the financial activities of the company.
study of how these institutions work, how On a regional scale, the financial system is the system that
they are controlled by central bank and the
monetary issues they are facing. 1. Money enables lenders and borrowers to exchange funds. The
global financial system is basically a broader regional
A financial system is a system that allows system that encompasses all financial institutions,
the exchange of funds between lenders, 2. Banks and Development Financial Institutions borrowers and lenders within the global economy.
investors, and borrowers. Financial systems
operate at national and global levels.
They enable individuals and companies to
3. Financial Instruments
share the associated risks
4. Financial Markets
Financial institution is also termed as financial
intermediaries because they act as middlemen 5. The Central Bank
between the savers and borrowers.
• Financial instruments
• Financial markets
Money is a legal tender which can be used: • It must have a unit of account. The second very important
For payment of goods and services.
For making deferred payments i.e for the repayment of debts
function of money is that it must be accepted as a unit for
As a medium of exchange. measurement, by which value of goods and services can be
As a store of value which means that it is tradable and
can be stored for future use. accounted for or compared. The unit should be divisible into
Unit for measurement to compare the value of goods and services smaller units without loss of value.
Issue" means the first delivery of an instrument by the maker or drawer, whether to a holder or nonholder, for the purpose of giving rights on the
instrument to any person
When Pakistan was carved out of the British India on 14 August 1947, it had
no currency notes or coins of its own, nor a central bank or mint to print paper
currency or mint coins. In order to cope up with the requirement of the new
country, the Governor General of undivided India issued the ‘Pakistan
(Monetary System and Reserve Bank) Order, 1947’ on 14 August 1947,
the day before partition. Under this order, the Reserve Bank of India was to act
as the common currency authority for India and Pakistan until 30 September
1948, allowing a cushion period of almost a year for the newly born state to
issue its own currency. As an interim arrangement, the currency notes and
coins issued by the Reserve Bank of India and the Government of India were
to be the legal tender in Pakistan.
Till 1960, when Pakistan adopted the metric system, one Pakistani rupee had 16 ana and each ana having 4 paisa, i.e. one rupee having 64 paisas. And
as for the coins, there were coins of one, two paisa, one ana, two ana, 4 ana, 8 ana and one rupia (rupee). Thus, one ana was the basic coin (below left
two sides of one ana, 2 ana and 8 ana). Then in 1960, the country switched to metric system and now one Pakistani rupee had 100 paisa
The Government of Pakistan started issuing bank notes in 1948 in
,
denominations of 1 5,10 and 100 rupees, and continued to issue 1 rupee
note till the 1980s. However, the issuing of 2,5,10 and 100 rupee notes was
taken over by the State Bank in 1953. The 50 rupee note was introduced in
1957. In 1986 and 2002 respectively, 500 and 100 rupee notes were
introduced. In 1998,2 and 5 rupee notes were replaced by coins. In
2005 , 20 rupee notes were added,followed by 5000 rupee notes in
2006.
Value Dimensions Main Color
Rs.1000
155 x 65mm Dark blue
Since the time of its inception, the Pak rupee has been experiencing steep
devaluation year on year. The current as well as the previous governments
witnessed budget deficits in their reigns — that is,total expenditure always
outweighed total revenue (excluding money from borrowings). In order to
bridge this gap, the governments printed more notes, which always results in
increased inflation and hence further devaluation of the currency. One of the
reasons for increasing inflation is soaring fuel prices. In April 2011 fuel prices
hit an all-time high, and since the Pak rupee was already very weak,it
crashed further down,unable to withstand the pressure.
Furthermore, the fact that Pakistan also faces a constant increase in foreign EXPORTS < IMPORTS
LOCAL CURRENCY VALUE < FOREIGN CURRENCY VALUE
currency outflow, more than the inflow, need for adjustment in the exchange INCREASING INTEREST RATES to
rate becomes inevitable. To maintain a balance in the inflow and outflow of INCREASE the LOCAL CURRENCY
foreign currency, interest rates must be increased. The SBP purchases RESERVES through the open market operations
to balance the outflow and inflow of the foreign
foreign currency against domestic currency and generates local currency via currency
open market operations. This results in increment of the interest rate in the
domestic market, which further contributes to the increase in inflation.
Measures that the government can take to increase revenue are the SOLUTION TO PROBLEMS
introduction of new taxable avenues and/or by increasing the existing tax introducing new taxes
levels. The gap between revenue and expenditure can be further narrowed increasing existing taxes
increasing govt. revenues
down by aiming to decrease expenses and/or by reducing government reducing the expenditure/spending
subsidies. If opting for a reduction in subsidies, care must be taken that reducing the subsidies
suosidies must not be reduced on the goods and services which have a
direct impact on cost of production. This may in turn result in a further
increase in inflation levels.
It is pertinent to mention that Pakistan’s economy experienced inflation of Pakistan which is mainly an oil importing nation,
66% between June 2007 and October 2010. This is almost twice as much as spends large chunk of its precious foreign
exchange reserves, almost $14 billion yearly on
the level of inflation during the period June 2003 and June 2007 wmch was oil imports.
around 36%. One of the reasons for this extraordinary rise is the transfer of The government official urged that during
government expenditure directly into power sector entities and an enormous Jul-Feb 2017-18, Pakistan imported 60.4 million
barrels of crude oil, while it locally extracted
increase in oil prices. Another reason for this high inflation is extremely high 21.8 million barrels oil. It is also urged that the
levels of government borrowing. From June 2003 to June 2007,currency in yearly consumption of petroleum products in
Pakistan was around 26 million tons during the
circulation grew by 70% and total deposits, excluding government last fiscal year. The economists also see that
deposits,grew by 104%. From June 2007 to June 2010, currency in the indigenous crude oil met only 15 percent of
circulation increased by 82% but bank deposits increased by only 40%. the country’s total requirements, while 85
percent requirements were met through imports
in the shape of crude oil and refined petroleum
(DATA Source Governor SBP Speech at CCI13 Dec 2010) products.
Currency Exchange Rates Vs US $ Pakistan is much sensitive to oil prices. A series
Pakistan needs almost 15,000 to 20000 MW power for each day, nonetheless, at present, it can
of changes followed in its macroeconomic
create approximately 11,500 MW daily consequently there is a shortage of almost 4000 to
condition since the declining trend recorded in
9000 MW daily.
the global oil market.
Due to devaluation of money in comparison to dollar, there is an increase in oil prices. The government puts taxes on petrol and
petroleum related products to bring
A balance of payments crisis occurs when so much money is flowing outside a country that it has improvement in existing refineries also
difficulty borrowing to make up the difference. attracting foreign investment in this sector of
Pakistan.
the record of all economic transactions between the residents of the country and the rest of world in a
particular period of time (ov In case, the government borrows from the central bank, which takes the form of printing of money, the excess money supply
causes inflation, which makes imports cheaper and exports expensive.er a quarter of a year or more commonly over a year). The balance of payments is
a summary of all monetary transactions between a country and rest of the world. These transactions are made by individuals, firms and government
bodies. Thus the balance of payments includes all external visible and non-visible transactions of a country. The difference between capital inflows and
outflows is met by foreign borrowing, which results in debt accumulation. External debt servicing is a drag on national resources and leads to widening of
the fiscal deficit.
Financial Systems and Regulation | Reference Book 2
Year US $ Year US $
Rate Rate
1961 4.76 1999 51.76
1970 4.76 2000 57.71
1972 9.91 2001 61.31
1980 7.887 2002 58.68
1990 21.32 2003 57.43
1991 24.74 2004 59.83
1992 25.46 2005 59.76
1993 30.12 2006 60.73
1994 30,76 2007 60.95
1995 33.59 2008 79.76
1996 39.53 2009 82.87
1997 43.64 2010 83.41
1998 46.11 2011 85.95
RS. US $ Rate
• Allow the import of those items which are essential for industrial and agriculture use
• Move towards being less reliant on other sources of funds such as foreign aid -
especially while budgeting for the future
• Aim to minimize the gap between revenue and government expenditure in order to
reduce the budget deficit
In 2005 one encouraging factor noted was an increase in retail and wholesale trade. CPI is widely used as an economic
indicator. It is the most widely used
According to the figures released by the Federal Bureau of Statistics, the size of this measure of inflation and, by proxy, of
sector was 1,358,309 (m) in 2005,which represented a 96% increase in its size in the effectiveness of the government’s
economic policy. The CPI gives the
2000. Due to increased inflation in the country, wholesale prices and the Consumer government, businesses and citizens
Price Index are increasing at a very fast rate. The Consumer Price Index (CPI) is the an idea about prices changes in the
economy, and can act as a guide in
main measure of price changes at the retail level. It measures changes in the cost of order to make informed decisions
about the economy.
buying a representative fixed basket of goods and services and is generally accepted
as a measure of inflation in the country. The Wholesale Price Index (WPI) measures The CPI and the components that
make it up can also be used as a
the general price level in the wholesale market. Items are selected on the basis of the deflator for other economic factors,
Family Budget Survey. including retail sales, hourly/weekly
earnings and the value of a
consumer’s dollar to find its
• Markets are selected through retail and wholesale trade surveys. purchasing power.
• Different income groups are compiled to judge the CPI. The CPI measures price inflation for
consumers and is used by Congress,
the President, and the Federal
Wholesale Price Index (WPI), amounts to the average change in prices of commodities at wholesale level i.e Reserve to develop fiscal policy.
at the initial stage of the transaction, when the goods are bought by one corporation from another for reselling it. Each month, data collectors from the
WPI is concerned with the prices paid on the trade of goods between two business houses for the purpose of resale Bureau of Labor Statistics (BLS), call
or visit thousands of retail stores,
Conversely, the price paid at the last / final stage of the transaction is used to measure inflation in consumer price index. doctor's offices, colleges, and
Consumer Price Index (CPI), indicates the average change in the prices of commodities, at retail level. apartments, collecting price
information for over 80,000 items for
consumers living in urban areas.
General Food Raw material Fuel & Power Manufacturer Building Material
'SC: 359.5964444 386.4266667 337.5413333 519.2548889 205.5698889 347.5025556
374.7194444 403.3066667 351.3166667 543.5372222 211.5997222 361.5147222
389.8424444 420.1866667 365.092 567.8195556 217.6295556 375.5268889
404.9654444 437.0666667 378.8673333 592.1018889 223.6593889 389.5390556
bE4 420.0884444 453.9466667 392.6426667 616.3842222 229.6892222 403.5512222
t?I3 435.2114444 470.8266667 406.418 640.6665556 235.7190556 417.5633889
450.3344444 487.7066667 420.1933333 664.9488889 241.7488889 431.5755556
ac7 465.4574444 504.5866667 433.9686667 689.2312222 247.7787222 445.5877222
ST'5 430.5804444 521.4666667 447744 713.5135556 253.8085556 459.5998889
A unilateral transfer is a one-way transfer of money, goods, or services from one country to another. The prefix "uni" means one. In a unilateral transfer,
one party is making a transfer to the other party. They are not receiving anything back from the other party. Unilateral transfers often involve gifts to
governments, foreign aid or any transaction where one party is promising to deliver and then delivering payments or items to another country, population
or government without receiving anything in return. This can be contrasted with a bilateral transfer. The prefix "bi" means two. A bilateral transfer involves
two parties exchanging goods, money or services. Unilateral transfers are included in the current account of a nation's balance of payments.
They are distinct from international trade, which would be Impact of Money on Foreign Trade
a bilateral transfer since two parties are involved in a trade.
Unilateral transfers encompass things such as humanitarian
aid and payments made by immigrants to their former Foreign trade is indispensable for the full economic development of a country
country of residence. and includes framing commercial policies,conducting trade negotiations,
and making bilateral, regional and international arrangements for promotion of
trade. Foreign trade also includes all the merchandise coming from foreign
countries into Pakistan through lawful channels under private and government
accounts via sea, air, land routes and by parcel post, released by Customs
either directly or in the form of bonds. Goods imported and deposited into
bonds are not taken into account.
requires
300
250
The balance of payments data can be used to evaluate the performance of the country in international economic competition Suppose a country is experiencing trade deficits year after year.
This trade data may then signal that the country's domestic industries lack international competitiveness. A balance of payments deficit means the country imports more goods, services and capital
than it exports. It must borrow from other countries to pay for its imports. In the short-term, that fuels the country's economic growth.
A balance of payments surplus means the country exports more In Pakistan,when calculating foreign trade statistics, the following
than it imports. Its government and residents are savers. They
provide enough capital to pay for all domestic production. transactions of imports and exports are excluded:
They might even lend outside the country.
Sources of funds for a nation, such as exports or the receipts of
loans and investments, are recorded as positive or surplus items. • Articles of baggage and personal effects of passengers
Uses of funds, such as for imports or to invest in foreign countries,
are recorded as negative or deficit items.
It combines all the public-private investments to know the inflow and outflow
of money in the economy over a period. If the BOP is equal to zero, then it
• Afghanistan trade in transit through Pakistan
means that both the debits and credits are equal, but if the debit is more than
credit, then it is a sign of deficit while if the credit exceeds debit, then it shows
a surplus. The Balance of Payment has been divided into the following sets of • Imports into bonds
accounts:
Current Account: The account that keeps the record of both tangible and
intangible items. Tangible items include goods while the intangible items are • Sale of imported goods in Duty Free Shops in Pakistan
services and income.
Capital Account: The account keeps a record of all the capital expenditure • Defense Stores (if commercial value is declared on GD then the value will
made and income generated collectively by the public and private sector.
Foreign Direct Investment, External Commercial Borrowing, Government loan be included)
to Foreign Government, etc. are included in Capital Account.
Errors and Omissions: If in case the receipts and payments do not match with
each other then balance amount will be shown as errors and omissions. • Gold and Silver coins or Bullion and Currency Notes
A statement recording the imports and exports done in goods by/from the Balance of Trade
country with the other countries, during a particular period is known as the
Balance of Trade. The Balance of Payment captures all the monetary
transaction performed internationally by the country during a course of time. Balance of trade statistics compiled by the Federal Bureau of Statistics is
The Balance of Trade accounts for, only physical items, whereas Balance of
Payment keeps track of physical as well as non-physical items. based on physical movements of merchandise goods into and out of the
The Balance of Payments records capital receipts or payments, but Balance custom territory of Pakistan recorded by the customs authorities. Foreign
of Trade does not include it.
The Balance of Trade can show a surplus, deficit or it can be balanced too. trade includes exports, re-exports, imports and re-imports carried through
On the other hand, Balance of Payments is always balanced.
The Balance of Trade is a major segment of Balance of Payment. sea,land and air routes. The trade data of SBP,on the other hand, are
The Balance of Trade provides the only half picture of the country’s based on realization of export proceeds and import payments made through
economic position. Conversely, Balance of Payment gives a complete
view of the country’s economic position. banking channels for goods exported and imported. Trade - transactions
such as land-borne trade, imports through foreign economic
assistance, exports and imports by Export Processing Zones and personal
baggage etc. are not covered in the reporting by banks. Data on these
transactions are collected from the relevant sources and included in the
export receipts and import payments reported by the banks to arrive at the
overall trade data. Pakistani balance of trade is negative.
Balance of Trade
(Million Dollars)
Year Exports Re-exports Imports Re-imports Balance of Trade 1
50.0. 00
40.0. 00
30.0. , ,
00 20 000.00 10 000.00
0.00
Year 19 5Q5 2010 2015
Balance of Trade 1
-10,000.00
-20,000.00
-30,000.00
A growing and forceful banking sector is essential for economic development in Pakistan 一as The private sector is the part of a
country's economic system that is
growth in the banking sector and the real economy mutually support each other. Pakistan already run by individuals and companies,
has a well developed banking system, which consists of a wide variety of institutions ranging from a rather than the government. Most
private sector organizations are
central bank to commercial banks and to specialized agencies to cater for the special requirements run with the intention of making
of specific sectors. The banking sector constitutes the core of the financial sector in Pakistan. profit.
The segment of the economy
Private sector investment and consumption should be seen as the key drivers of the economy and under control of the government is
must be supported by growing financial intermediation and services, including not only banks but known as the public sector.
Charities and non-profit
also non-bank financial institutions, as well as debt securities and the stock market. organizations are sometimes
considered to make up a third
Judged by any indicator,the vitality and strength of the banking sector is impressive and stands segment, known as the volunteer
sector
out particularly relative to its state in the early 1990s when the financial system was dominated by An industry or business may start
public sector banks. out in one sector and move to the
other. The act of turning a
publicly-run enterprise over to
By the end of 2010,the banking system saw a rise in deposits to Rs 4.1 trillion and advances to Rs private citizens is known as
3.3 trillion. Banks as profitable ventures have attracted close to over $4 billion of foreign direct privatization. The opposite
movement, from private to public,
investment during 2006- 2008. Almost half the assets of banks are now owned by foreign banks is known by various names,
that are introducing innovative developments and technological improvements. including nationalization or
municipalization, depending on the
Prudent lending, supported by a strong regulatory and supervisory framework, has reduced net level of government involved.
non-performing loans to historical lows. In line with international trends, SBP introduced Basel II and
banks now have higher capital adequacy levels well above the minimum level for the sector as a
whole. Despite economic shock and stress in the stock market, the banking system in years 2009
and 2010 has shown an increase in profitability.
Pakistan’s banking industry and the broader financial sector has enormous potential to support
faster economic growth and development. In recent years, a wide range of important structural
reforms have already taken place,but further reforms are needed for the banking sector to grow to
its full potential to support strong and sustained economic growth and development.
Banks are the only financial institutions that can manage and control the imbalance between
borrowers and lenders. Banks access and manage risk by processing information on potential
borrowers and their creditworthiness. After credit has been extended, banks monitor borrowers’
performance and may extend additional credit as businesses develop; they are also closely involved in
the payments and transactions of their customers. Banks, therefore, are the most appropriate and
qualified intermediaries to deal with both smaller and start-up companies and with the household
sector and need to move away from their excessive focus on financing large enterprises and the
government.
A financial instrument is a tradable asset of any kind, either: cash; evidence of an ownership interest in
an entity; or a contractual right to receive, or deliver, cash or another financial instrument.
This topic is discussed further in Chapter 4.
D. Financial Markets
Trading of financial instruments
take place.
A financial market is a mechanism that allows people to buy and sell (trade) financial securities (such
as stocks and bonds), commodities (such as precious metals or agricultural goods),and other
tangible items of value at low transaction costs and at prices that reflect the efficient-market
hypothesis.
Trading of equity securities. a. Capital markets which consist of stock markets, which provide financing through the issuance of
shares or common stock and enable the subsequent trading thereof.
Trading of debt securities. b. Bond markets, which provide financing through the issuance of bonds, and enable the subsequent
trading thereof.
A capital market is a financial market in which long-term debt (over a year) or equity-backed securities are bought and sold.
A capital market can be either a primary market or a secondary market.
In primary market, new stock or bond issues are sold to investors, directly from the company, often via a mechanism known as underwriting. The main
entities seeking to raise long-term funds on the primary capital markets are governments (which may be municipal, local or national) and business
enterprises (companies). When a company goes public it issues new stocks and bonds in the form of IPO. Governments issue only bonds, whereas
companies often issue both equity and bonds.
In the secondary market, existing securities are sold and bought among investors or traders, usually on an exchange, over-the-counter, or elsewhere
between the investors. The existence of secondary markets increases the willingness of investors in primary markets, as they know they are likely to be
able to swiftly cash out their investments if the need arises. e.g NASDAQ, NYSE, LSE PSX
In the stock markets (for equity securities, also known as shares, the investors become the owners of companies) and the bond markets (where investors
become creditors)
e. Derivatives markets, which provide instruments for the management of financial risk.
f. Futures markets, which provide standardized forward contracts for trading products at some future
date.
Both money and capital markets are key components of financial markets. Both markets allow
investors to buy debt securities which are financial products that a dealer purchases and the issuer
promises to pay back , such as bonds. Capital markets also sell other types of securities and
money markets specialize in short-term debt.
a. Capital Markets
Capital markets are any financial market or exchange that trades in financial products, such as stocks -
the main equity security, bonds - the main debt security - as well as other products such as futures and
options contracts.
b. Money Market
marketable instruments which are payable in one year.
The money market focuses on short-term debt. Short-term debt means financial products -
,
bonds loans, promissory notes - that the issuer will pay back within 52 weeks. Much of the debt
traded on capital markets has even shorter periods, like overnight bank loans or Treasury bills that
mature in a matter of weeks.
Both types of markets move billions of dollars a day,making them extremely important in the global
economy. Businesses and governments rely on both markets to raise money to pay for operations or
expand activities. Furthermore, both markets are largely intangible. Most of the trading occurs through
computerized trading platforms, not in physical market places or exchanges. While the floor of the New
York Stock Exchange is the icon of the capital market, the number of traders on its floor decreases
every year and the CEO of NASDAQ has called it a relic. Capital markets trade in both debt and
equity, which is ownership investment such as stocks. While both capital markets and the money
market restrict who can trade directly, the money market is the near exclusive dominion of very large
institutions, banks and governments, while individuals can gain access to capital markets by opening a
brokerage account.
The capital markets consist of primary markets and secondary markets. Newly formed (issued)
securities are bought or sold in primary markets.
Secondary markets allow investors to sell securities that they hold or use to buy other viable securities.
The transactions in primary market are executed between companies and the public, while in the
secondary market it is executed between investors.
Economic growth in an economy hinges on an efficient financial sector that pools domestic savings stock market utilizes the savings
lying idle at homes, for a better
and mobilizes foreign capital for productive investments. Without an effective set of financial purpose
institutions, productive projects may remain idle. An efficient stock exchange will attract savings kept at
home, or lying idle in savings accounts. In Pakistan, often IPL are oversubscribed because investors
want to invest their hard earned money in profitable ventures.
The financial sector pools funds from dispersed households and allocates them efficiently to
entrepreneurs who carry good credentials and reputation. Through the first activity, an efficient
financial sector allows households to diversify risk and maintain liquid investments (e.g., bank
deposits). Their second activity involves information gathering and selecting investment projects as
well as monitoring industrial activities.
A price level is the average of Without efficiently run capital markets, investors have limited means to diversify their portfolios. As a
current prices across the entire
spectrum of goods and services result, investors may avoid equity stakes because they are too risky. Hence,corporations may find it
produced in the economy. In a
more general sense, price level difficult to raise equity capital. With the creation of stock markets, individuals can diversify firm-specific
refers to any static picture of the risks,thus making investment in firms more attractive.
price of a given good, service,
or tradable security.
Price levels provide a snapshot of An efficient stock market can enhance growth by mitigating moral hazard and consequently increasing
prices at a given time, making it productivity. The significance of this effect depends on the magnitude of the moral hazard problem and
possible to review changes in the
broad price level over time. As on the proportion of the economy that is represented in the stock market. Another key growth
prices rise (inflation) or fall
(deflation), consumer demand for contribution of an efficient stock market is its effect on the industrial sector. An entrepreneur considers
goods is also affected, which leads not only the profits generated in a new venture but also the possibility of a lump-sum gain through
broad production measures, such
as gross domestic product (GDP), selling the venture to the public. If the stock markets are not efficient, the public offering is less feasible
higher or lower. Price levels are
one of the most watched economic
as a result of high transaction costs or the uncertainty of getting a fair price in the stock market. Thus
indicators in the world. It is widely inefficient stock markets may reduce the incentive to enter new ventures, reducing overall long-term
believed that prices should stay
relatively stable from year to year productivity of the economy.
so as not to cause undue inflation
(rising prices). If price levels begin An efficient stock market reduces the transaction costs of trading and plays a primary role in the
to rise too quickly, central bankers
development of the capital market. If the volume of the capital market is increased, production will be
,
or governments look for ways to
decrease the money supply or the
aggregate demand for goods and
increased and an increase in production will help in keeping general price levels in check and
services. increasing exports.
As a pre-requisite for launching PIBs,primary dealers (PDs) were chosen on the basis of their
treasury expertise and infrastructure, past performance as market players,and capital adequacy.
These players were given explicit responsibility for developing an active secondary market by
supplying non-PDs and institutional investors with PIBs.
As the central bank of the country, the State Bank of Pakistan has a number of policies, regulatory and
fiduciary responsibilities designed to strengthen the financial system of the country and provide a
workable framework for the financial industry that will help in economic growth.
These responsibilities include regulation of the domestic monetary and credit system through an
efficient monetary policy, securing monetary and exchange rate stability and ensuring financial stability
through effective regulation and supervision of the banking sector in particular and the financial
industry in general.
Role of SBP in regulating the activities of Pakistan's financial system
In addition to performing various functions mandated under relevant legislation, the State Bank
performs a number of developmental roles as a responsible member of the economic management
team of the country. These vary from undertaking ground-breaking research to introducing innovative
products such as Islamic Export Refinance Schemes, Housing Finance Windows and promotion of
microfinance, as well as provision of an enabling environment by facilitating and opening of Internet
Merchant Accounts and developing a Real Time Gross Settlement System (RTGS) for the banking
industry. The State Bank of Pakistan has been entrusted with the responsibility of formulating and
conducting monetary and credit policy in a manner consistent with the Government’s targets for
growth and inflation and the recommendations of the Monetary and Fiscal Policies. For that purpose
SBP performs the following functions:
1. Regulation of Liquidity
As regulator of the financial system of Pakistan, SBP is continuously taking steps to improve the
financial system. During the period of Mr Ishrat Hussain as governor of SBP, the SBP initiated five
years of reforms
Issuing regulations: The State Bank has issued Prudential Regulations to provide general guidelines to bankers, to safeguard the interest of ultimate users of the financial
services, to ensure the viability of institutions, to ensure the safety and soundness of the banks/DFI, to prohibit criminal use of banking channels for the purpose of money
laundering and other unlawful activities, The State Bank has devised separate Prudential Regulations for different areas, viz. Corporate and Commercial Banking, Small
and Medium Enterprise Financing, Consumer Business, Micro Financing and Agriculture Financing. The Regulations focus on Credit Risk Management, Corporate
Governance, Anti Money Laundering and Operations
Issuing Notes: Under section 24 of the SBP Act 1956, this is the primary function of the bank - to issue notes in accordance with the requirements of business and the
public as a whole.
Developmental role: The Bank’s participation in the development process is in the form of rehabilitation of the banking system in Pakistan, development of new financial
institutions, introducing new products and debt instruments in order to promote financial intermediation, establishment of Development Financial Institutions (DFIs), directing
the use of credit according to selected development priorities, providing subsidized credit, and development of the capital market
Strengthening and supervising the financial system in general & banking sector in particular: To protect the interests of depositors SBP has established a Customer
Protection Department.
Stabilizing money and exchange rates: Maintenance of the external value of the currency as an agent of the Government of Pakistan, SBP is also responsible for
maintaining the external value of the currency (the exchange rate of the rupee), the management of the foreign exchange reserves, trading of gold silver or foreign
exchange and transactions of special drawing rights with the International Monetary Fund.
Off-site’ and On-site inspection and supervision. Offsite is conducted through checking of various returns received from different banks, while on-site inspection is
undertaken, in the premises of the banks concerned. The purpose of inspection is to check the assets and liabilities as they appear on the books, to evaluate the quality of
the assets, to determine compliance with laws, regulations, directives and policy guidelines provided by the State Bank, to judge the soundness of operations and the
prudence of lending and investment policies, to appraise the quality of the management and to attempt an estimate of the overall position of the bank
Lender of Last Resort: Under section 17 of the SBP Act 1956, the State Bank provides loan and rediscount facilities to scheduled banks in times of dire need when they
can find no other source of funds with the purpose of accommodating the short-term liquidity requirements of financial institutions.
Banker to the Government: The State Bank provides business banking facilities to Federal and Provincial Government and some government agencies. Accepts deposits of
cash, cheques and drafts by the Government
Public Debt Management: The State Bank is responsible for the management of government debt under section 21 of the SBP Act, 1956. The following actions are
involved in this regard:
• Subscribing Federal and Provincial government securities at the time of their issue
• Sale/purchase (trading) of such securities in the Money Market
• Payments of interest to holders of public debt instruments
Relationships with International Financial Institutions: Pakistan is a member of the International Monetary Fund. The State Bank of Pakistan deals with the IMF on behalf of
the Government of Pakistan as per power entrusted under section 17, sub-section 13(f) of the SBP Act 1956. The State Bank of Pakistan also deals with other
international financial organizations including Bank for International Settlement, the World Bank, Central Banks of foreign countries, etc. Almost all the agreements of
Provincial and Federal Government with International Financial Institutions (IFIs) are executed through the State Bank of Pakistan
in the financial sector of Pakistan in early 2005,which have been successfully completed, and now
SBP has started a second phase of reforms to be implemented in the next five years. These reforms
must be reviewed continuously to adjust them according to changing circumstances, both locally and
internationally. The main objective of the second phase of reforms is to further strengthen the financial
sector and to integrate it according to the needs of the global economy.
One of the fundamental responsibilities of the State Bank is regulation and supervision of the financial
system and to ensure its soundness and stability as well as to protect the interests of depositors. For
this purpose SBP has established a Customer Protection Department. Banking activities are now
being monitored through a system of ’off-site’ surveillance and fon-sitef inspection and supervision. Off-
site surveillance is conducted by the State Bank through rigorous checking of various returns regularly
received from the different banks, while on-site inspection is undertaken by the State Bank, when
required, in the premises of the banks concerned.
3. Inspection
As mentioned above,banking activities are monitored through a system of !off-sitef surveillance and
’on-site,inspection and supervision.
4. Prudential Regulations
In order to safeguard the interest of ultimate users of the financial services, and to ensure the viability
of institutions providing these services, the State Bank has issued a comprehensive set of Prudential
Regulations (for commercial banks) and Rules of Business (for NBFIs).
The "Prudential Regulations" for banks, besides providing for credit and risk exposure limits, prescribe
guidelines relating to classification of short-term and long-term loan facilities, set criteria for
management, and prohibit criminal use of banking channels for the purpose of money laundering and
other unlawful activities.
One of the major responsibilities of the State Bank is the maintenance of the external value of the
currency. In this regard, the State Bank is required, among other measures, to regulate the country’s
foreign exchange reserves in line with the stipulations of the Foreign Exchange Act 1947. As an agent
of the Government of Pakistan, the State Bank is authorized to purchase and sell gold, silver or
approved foreign exchange and transactions of Special Drawing Rights with the International
Monetary Fund under sub-sections 13(a) and 13(f) of Section 17 of the State Bank of Pakistan Act,
1956.
Besides discharging its traditional functions of regulating money and credit, the State Bank of Pakistan
plays an active developmental role in promoting the realization of macroeconomic goals. Accordingly,
conventional central banking functions are combined with a well- recognized developmental role. The
Bank’s participation in the development process is in the form of rehabilitation of the banking system in
Pakistan, development of new financial institutions and debt instruments in order to promote financial
intermediation, establishment of Development Financial Institutions (DFIs), directing the use of credit
according to selected development priorities, providing subsidized credit, and development of the
capital market.
Reforms can be successfully implemented only if there is consultation, involvement and consensus
among all the stakeholders throughout the process. Application of technology, thorough use of human
resource competencies and managerial skills are the key tools for achieving results. In the first phase
of the reforms, financial markets in Pakistan have been liberalized and have become competitive and
relatively efficient, although they are still capable of farther development.
The range of financial instruments available for various types of transactions in the market has
widened but the evolution of new instruments has to remain on track.
Financial infrastructure has been strengthened but the legal system is still too time consuming and
costly for ordinary market participants. The regulatory environment has improved and the capacity of
regulators to oversee and monitor is much better today, but the enforcement procedures and prompt
corrective action capabilities need to be further enhanced.
Financial soundness indicators of the system show an upward moving trend in almost all dimensions
but there are weaknesses that require to be addressed.
Corporate governance rules have been clarified and aligned with best international practices, but their
consistent application and voluntary adoption by the industry as a whole remain uneven.
The financial sector is opening up to the middle and lower income groups, but the commitment and
mindset of the providers still need to be improved in line with the new realities.
SBP's Banking Sector Reforms over the next decade have been formulated. The Banking
Sector Strategy (BSS) is centered on reforms involving the SBP and the banking sector,which
constitutes not only the core of the financial system in Pakistan but is also vital to the monetary and
financial stability responsibilities of the SBP.
,
Since the BSS was first outlined on July 1 2008,the ongoing financial crises abroad and the
deteriorating macroeconomic situation in Pakistan have led to a, review of the strategy. Despite the
dynamics of the overall situation, there is no need for any change in the overall purpose of the
BSS but rather a reinforcement of the urgency of reform that will make the
financial sector more stable and Pakistan a more attractive destination for
domestic and foreign direct and portfolio investment.
The State Bank of Pakistan is the Central Bank of the country. In order to
achieve its objectives the State Bank performs all the traditional and non-
traditional functions. Traditional functions are those which are performed by
the central banks of all countries. Non-traditional functions are those which
are not traditional or conventional but which SBP has assumed these
functions taking into account the specific requirements of the country. In the
Statute of the Bank for International Settlement, a central bank is defined as
’the bank in any country to which has been entrusted the duty of regulating
the volume of currency and credit in that country’ (Article 56 a).
Traditional functions
Under section 24 of the SBP Act 1956,this is the primary function of the bank - to issue
notes in accordance with the requirements of business and the public as a whole. According
to section 30 of the SBP Act, assets of the Issue Department (gold / silver
reserve,approved foreign exchange and special drawing rights held with IMF) at no time
should fall below its liabilities, i.e. total of notes issued. Out of total assets a minimum Rs.1.2
billion must be kept in the form of gold coins, gold bullion, and silver bullion or approved
foreign exchange.
According to section 9A of the SBP Act, the State Bank of Pakistan is responsible for
regulation of the monetary and credit policy of the country in such a manner that it should
The Bank monitors banking activities through a combination of off-site monitoring and on-
site inspection. Off-site surveillance is conducted by the State Bank through various
periodical returns received from banks and DFIs, while on-site inspection is undertaken on
the premises of the banks concerned. The purpose of inspection is to check the assets and
liabilities as they appear on the books, to evaluate the quality of the assets, to determine
compliance with laws, regulations, directives and policy guidelines provided by the State
Bank,to judge the soundness of operations and the prudence of lending and investment
policies,to appraise the quality of the management and to attempt an estimate of the
overall position of the bank.
In order to safeguard the interest of depositors and to ensure the safety and soundness of
the banks/DFIs,the State Bank has issued Prudential Regulations. The State Bank has
,
devised separate Prudential Regulations for different areas viz. Corporate and
Commercial Banking, Small and Medium Enterprise Financing, Consumer Business, Micro
Financing and Agriculture Financing.
The Prudential Regulations for Corporate and Commercial Banking govern operations of
the financial institutions in respect of their dealing with corporate entities. The Regulations
focus on Credit Risk Management, Corporate Governance, Anti Money Laundering and
Operations. Regulations for Consumer Financing have been devised to encourage the
banks to expand their loan portfolio through creation of new products and to ensure that
banks undertake consumer financing in a sensible manner. Consumer financing covers any
financing allowed to individuals for meeting their personal, family or household needs and
includes credit cards,auto loans, housing finance and other methods of consumer
financing.
The Prudential Regulations for Small and Medium Enterprises (SMEs) facilitate and
encourage the flow of bank credit to the SME sector with the purpose of moving away from
collateral-based lending to cash flow- based lending. The maximum limit of clean financing
against personal guarantees has increased to Rs. 3 million for SMEs. This is greater than
that for consumer financing as well as for corporate clean financing. The requirement for
banks/DFIs to obtain a copy of accounts has been relaxed for exposures of up to Rs.10
million.
The State Bank has also issued Prudential Regulations for Microfinance Banks and
institutions. Microfinance Banks/Institutions (MFBs/MFIs) shall not commence business
unless there is a minimum paid-up capital as prescribed in MFIs Ordinance 2001.A
MFB/MFI shall also maintain equity equivalent to at least 15% of its risk-weighted assets
shall maintain a cash reserve equivalent to not less than 5% of its time and demand
liabilities in a current account opened with the State Bank or its agent. In addition to a cash
reserve it shall also maintain liquidity equivalent to at least 10% of its time and demand
liabilities in the form of liquid assets, i.e. cash, gold and unencumbered approved securities.
In particular:
• The MFB/MFI shall not extend loans exceeding Rs. 100,000/- to a single
borrower.
• The outstanding principal of the loans and advances, payments against which are
overdue for 30 days or more, shall be classified as Non-Performing Loans
(NPLs).
The SBP also functions as the bankers’ bank. Banks are classified as scheduled and non-
scheduled. A scheduled bank is that which fulfills the
The State Bank maintains an updated list of all scheduled banks at its various offices. These
banks are entitled to certain facilities from the State Bank and in return they have some
obligations to it. The State Bank provides the following three important services to the
scheduled banks:
I. SBP keeps the deposits of commercial banks,which constitute the statutory reserves of
scheduled banks. Scheduled banks are required to keep with the State Bank a certain
percentage of their demand and time liabilities under Section 36 of SBP Act, 1956.
II. The State Bank also provides wide-ranging remittance facilities to banks at a
concessional rate. The Bank provides this facility through the media of its own offices,the
branches of National Bank of Pakistan acting as its agents,and treasuries and sub-
treasuries holding permanent currency chests at places where the State Bank has no office.
III. In order to streamline payments through the financial system, the Bank also manages
the operations of clearing houses. In the major cities, the functions of the SBP clearing
house has been handed over to a private agency, namely National Institutional Facilitation
Technologies Private Limited (NIFT), to the extent of sorting of payments instruments and
preparing clearing schedules.
One of the most important functions of the State Bank is that it acts as the lender of last
resort. Under section 17 of the SBP Act 1956,the State Bank provides loan and re-
discount facilities to scheduled banks in times of dire need when they can find no other
source of funds. These facilities are ordinarily provided by the Bank against government
,
securities, trade bills, agriculture bills etc. A 3-Day Repo facility was introduced by the
State Bank of Pakistan with effect from IstFebruary, 1992,with the purpose of
accommodating the short-term liquidity requirements of financial institutions.
The State Bank provides business banking facilities to Federal and Provincial Government
and some government agencies. These functions performed by the Bank are similar to
those ordinarily performed by commercial banks for their customers. The Bank provides the
following services to government:
3. Federal and Provincial government can obtain advances from the SBP subject to mutual
agreement in respect of the terms and conditions for such advances.
4. According to section 17,sub section (13) of the SBP Act, SBP, on behalf of Federal,
Provincial or Local government, undertakes sale/purchase of gold, silver, approved foreign
exchange, securities or shares in any company ,
and collection of returns on these
shares/securities, transaction of SDR, etc.
The State Bank is responsible for the management of government debt under sub-
sectionl7, sub- sec 13(e),and section 21 of the SBP Act, 1956. The following actions are
involved in this regard:
In order to efficiently manage the public debt, a department, namely Exchange & Debt
Management Department (EDMD),was created in February, 2000. For the auction of
Treasury Bills and government bonds, a primary dealer system was developed. The
securities are offered for sale on a fortnightly basis in the case of Market Treasury Bills
(MTBs) and on a quarterly basis in the case of Pakistan Investment Bonds (PIBs) to primary
dealers8. Primary dealers are then allowed to undertake the business of government
securities in the secondary market which consists of SBP, primary dealers, banks other than
,
primary dealers non-bank financial institutions, financial brokerage houses, various
financial funds, individuals, and others.
SBP is also responsible for maintaining the external value of the currency, and as such it
manages and administers the exchange system of the country in line with the Foreign
,
Exchange Regulation Act, 1947. Under sub-sections 3(a) and 13(a f) of section 17,and
section 23 of the SBP Act, 1956,SBP acts as an agent to the Government. The State
Bank is authorized to purchase and sell gold,silver or foreign exchange and transactions
of special drawing rights with the International Monetary Fund.
SBP is responsible for maintaining the exchange rate of the rupee at an appropriate level.
As the custodian of the country’s external reserves, the State Bank is also responsible for
the management of the foreign exchange reserves.
• Permission for investment banks to raise foreign currency funds from abroad through
issue of certificates of investment.
• Permission to authorized Dealers for the import and export of foreign currency notes and
coins.
A new foreign currency accounts scheme has also been introduced under which banks
retain the funds and pay out returns, while keeping in view their earnings and the costs of
these funds. The funds under this scheme can be used to finance trade-related activities.
Traders, particularly exporters, can now have access to foreign currency loans at cheaper
rates.
3. Advisor to Government
,
In accordance with section 9 A(d e) of the SBP Act 195 6,the State Bank of Pakistan
also acts as an advisor to the Government on financial and economic matters, particularly
with reference to their monetary aspects. Advice is also given on matters such as
agricultural credit, cooperative credit, industrial finance, exchange regulations, banking and
credit control, mobilization of savings, financial aspects of planning and development and
other similar economic issues. The State Bank of Pakistan also tenders advice to the
Government on debt management issues. According to section 9B of the SBP Act
1956,a ”Monetary and Fiscal
SBP submits its review of the economy to the Parliament through its annual and quarterly
reports on the state of the economy with special reference to economic growth, money
supply, credit, balance of payments and price developments.
Pakistan is a member of the International Monetary Fund. The State Bank of Pakistan deals
with the IMF on behalf of the Government of Pakistan as per power entrusted under section
,
17 sub-section 13(f) of the SBP Act 1956. The State Bank of Pakistan also deals with
other international financial organizations including Bank for International Settlement, the
World Bank,Central Banks of foreign countries, etc. Almost all the agreements of
Provincial and Federal Government with International Financial Institutions (IFIs) are
executed through the State Bank of Pakistan.
Non-Traditional functions
Responsibilities of the State Bank of Pakistan go well beyond the conventional functions
that have been discussed above. The scope of the Bank’s operations has been
considerably extended by including the economic growth objective in its statute under the
State Bank of Pakistan Act, 1956. SBPs involvement in the development process has been
in the form of:
For promotion of the country、banking services overall,the State Bank initiated a scheme
for setting up the National Bank of Pakistan with a
Year 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010
Deposits 1475 1678 1964 2393 2832 3255 3854 4218 4786 5128
(In Mins)
Advances 910 921 1108 1574 1991 2428 2688 3173 3240 3494
(In Mins)
•Deposits
■Advances
In order to expand the banking services at grass roots level and to enable the
financial sector to play its role in poverty alleviation, the State Bank of
Pakistan is also promoting micro banking in the country. It has facilitated two
micro finance banks, namely Khushhali Bank and the First Micro Finance
Bank (FMFB) Limited. Khushhali Bank is in the public sector and FMFB is set
up in the private sector.
As mentioned earlier, at the time of independence the commercial banking system in Pakistan
had virtually collapsed with the closure of a large number of bank offices which had been run and
managed by non-Muslims who migrated to India. In order to address the problem of an acute
shortage of trained bankers at the time of independence, the State Bank introduced a "Bank
,
Officers Training Scheme” within one month of its establishment, i.e. on July 1 1948. On
September 17,1951 the Institute for Bankers Pakistan (IBP) was established in order to conduct
examinations in prescribed banking courses. This action ensured that the country’s banking staff
could become professionally qualified. The Institute is contributing significantly towards the
improvement of the operational efficiency of the banking industry and in providing better facilities
for training and education.
Recently the SBP has launched a unique training program for not only bankers involved in rural
and agricultural credit but also farmers and other potential clients of rural financial service
providers. Such training is held at the various offices of SBP (BSC). The objective of such training
programs is creating awareness among the farming community.
The State Bank has actively participated in setting up a number of specialized credit institutions
designed to meet the long and medium- term financing needs of various sectors of the economy.
These institutions include Agricultural Development Bank of Pakistanis (ADBP),Federal Bank for
,
Co-operatives (FBC) and House Building Finance Corporation (HBFC) etc. These institutions
were established to provide credit to the industrial, agricultural and other sectors.
The Bank has also introduced various credit schemes to channel resources towards priority
sectors such as an export finance scheme, mandatory credit for agriculture, small businesses and
small industries, etc. FOR WOMEN ENTREPRENEURS
The Agriculture Credit Scheme was introduced in 1972 by the SBP under the SBP Act 1956. The
spirit of the scheme is to provide maximum credit availability through banking credit to small
farmers having cultivable land up to Subsistence Level.
For the purpose of export growth, the State Bank introduced the Export Finance Scheme (EFS) in
1973, enabling banks to seek reimbursement from the State Bank against financing facilities
provided to exporters of non-traditional and newly emerging export items. In 1977 the scope of the
scheme was enlarged and financing was made available for all manufacturing goods. Moreover, it
was split into two parts, Part I in
The State Bank has also been involved in the process of Islamization of the economy in general
and the banking system in particular. A unit was created in the Research Department of the Bank
in the late 1950s that was subsequently developed into a fully-fledged Division,to undertake
research work on the Islamic economic system. In 2001 an Islamic Banking Division was
established in the Banking Policy Department to deal with regulatory and supervisory issues in
Islamic banking.
The financial sector pools funds from dispersed households and allocates them efficiently to
entrepreneurs who carry good credentials and reputation. Through the first activity, an efficient
financial sector allows households to diversify risk and maintain liquid investments (e.g., bank
deposits). The second activity involves information gathering and selecting investment projects
together with monitoring industrial activities.
Government policies and strategies support the finance-led growth hypothesis, based on an
observation first made almost a century ago by Joseph Schumpeter that financial markets
significantly boost real economic growth and development. Schumpeter asserted that finance had
a positive impact on economic growth as a result of its effects on productivity growth and
technological change. As early as 1989 the World Bank also endorsed the view that financial
deepening matters for economic growth nby improving the productivity of investment'1. A number of
case studies on Asia and Southern African countries show the positive connection between
development of financial intermediation and economic growth. Banks and DFI are the key players
in Pakistan’s financial system. The progress of the different components of the financial system
can be taken as a yardstick for determining financial growth.
Without efficiently run capital markets, investors have limited means to diversify their portfolios. As
a result, investors may avoid equity stakes because they are too risky. Hence, corporations may
find it difficult to raise equity capital. With the creation of stock markets, individuals can diversify
firm-specific risks, thus making investment in firms more attractive. An efficient stock market can
enhance growth by mitigating moral hazard and consequently increasing productivity. The
significance of this effect depends on the magnitude of the moral hazard problem and on the
proportion of the economy that is represented in the stock market. Performance of the bond and
stock market can be treated as a base for determining capital market growth.
The role of long-term capital in the economic development of a nation cannot be over emphasized.
Most economic managers recognize that a well organized capital market is crucial for mobilizing
both domestic and
Capital and money markets are affected by a multitude of factors. The capital market consists of
primary and secondary markets. The primary market is one in which underwriters help companies
raise capital in the form of initial public offerings or by issuing seasoned stocks and bonds to
investors. The secondary market, however, is where shareholders can resell their shares to other
interested buyers on the stock exchange or the over-the-counter market.
The money market is used by a wide array of participants, from a company raising money by
selling commercial paper into the market to an investor purchasing CDs as a safe place to park
money in the short term. The money market is typically seen as a safe place to put money due to
the highly liquid nature of the securities and short maturities,but there are risks in the market that
any investor needs to be aware of, including the risk of default on securities such as commercial
paper. The following are the factors which affect the development of the Stock Exchange and
money:
1. Political stability
Political stability allows businesses to plan for future investments. Local consumers and foreign
countries feel more comfortable investing in capital markets, spending money and negotiating long-
term trade agreements in a politically stable country.
Countries that lack political stability fail to instill the level of confidence necessary in encouraging
cooperation with other nations. When foreign countries see coups every couple of years in a
country, they tend not to invest due to the associated risks,as the next regime that takes power
may not accept decisions taken by the predecessors.
In order to attract investment in both capital and money markets, the rule of law should be
established. The law and order situation must be satisfactory; otherwise, neither local nor foreign
investment will flow in the markets. This is the basic requirement; all other factors follow
subsequently.
Public disclosure of relevant information about securities is important for both pricing efficiency and
market confidence. If investors are to make sound judgments about the value of securities, they
must be fully informed about the relevant facts.
Transparency of trading and other procedures allow efficient price setting and confidence, leading
to fairness in the market. Fragmented or privately conducted trading with limited disclosure of
quantity and price means that each new transaction in effect must be based on relatively
expensive search costs, with a risk of the transaction going out of line with prevailing prices.
Users of accounting information include the government, the regulatory agencies, chartered
accountants, accounting firms,the investing public and the general public. Information of such
sorts must be correct and represent the true affairs of the firms being audited. The Institute of
Chartered Accountants must adopt the Statements of Accounting Standards of the International
Federation of Accountants (IFAC). If accounts of listed companies are prepared by reputable firms,
submitted accounts to the Stock Exchange can be expected to be internationally acceptable.
Too many barriers, especially to foreign investors, hamper the development of any stock
exchange. The purchase of shares on the Stock Exchange in Pakistan has been described as
being without any significant restrictions. Generally, if all listed stocks are freely available to foreign
investors, there will be free and full foreign exchange remit ability for dividends, interest and capital
gains. Initial capital invested may also be remitted without any restrictions.
Tax rates on income from different financial instruments can influence how individuals or corporate
bodies make their financial and investment decisions. Differences in taxation may also determine if
an individual should invest in securities,demand deposits or whether a corporate body should
raise funds through equity or debt instruments.
Market efficiency has generated more discussion among financial economists than any other
topic. A market is said to be efficient if it incorporates correct information into prices with
considerable speed. Market efficiency therefore depends on the ability of traders to devote time
and resources to gather and publicize information. Markets that are more efficient attract more
investors, which translate into increased market liquidity.
Pakistan’s financial system has grown in recent years but continues to have an enormous growth
potential. The system remains relatively small in relation to the economy, when compared with
other emerging countries
The growth of Pakistan’s financial system indicates that the economy is moving towards
betterment to some extent. In terms of assets, these increased to Rs 9.2 trillion in June
2010,showing a healthy growth of 20 percent from the December 2008 level of Rs 7.71 trillion
(State Bank’s Financial Stability Review).
The role of Government in the financial sector in the development of the country is encouraging.
The stability of the financial system is due to the predominant position of the banking sector, as
other components of the financial system continue to grow at a slow pace. "Domestic banking
sector assets constitute 73.2 percent of total financial system assets/'Bank deposits, which have a
key contribution in maintaining financial stability, grew by 13.5 percent in CY09,and 8.2 percent in
H1-CY10, bringing total deposits in the banking system to Rs. 5.1 trillion by end-June CY10. The
growth in deposits is largely due to the growth in home remittances sent by Pakistanis living
abroad, and these are contributing to gradual economic recovery, as well as the substantial
increase in government borrowing, a portion of which flows back into the banking system in the
form of deposits.
The pace of deterioration in the quality of advances is disturbing. In 2009 Non Performing Loans
(NPLs) increased by 24.2 percent to Rs 432 billion and further by 6.4 percent to Rs 460 billion by
end-June 2010. Going forward, NPLs will remain a key cause of concern for the banking sector.
The slow performance of Non-Bank Financial Institutions (NBFIs),which emerged as a strong
threat to their commercial viability in previous years, continues to be a source of risk,while the
insurance sector continued to provide necessary support to the economy, despite its relatively
small size in comparison to the other players. Financial markets, in contrast to the instability in
global financial markets, have continued to strengthen, due to the low level of integration with
global financial markets, and continue to provide necessary support to the financial system in the
form of financial intermediation.
In order to build our financial system on a strong footing, we must continue to work towards
removing the weaknesses and bridging the gaps and agree upon the speed, content and phasing
of the changes required at all levels to bring about a much stronger system. The following are the
priority factors which will produce promising results.
Banks have learned that, by broadening their client base, adding new products to their portfolio and
offering new types of services,they can not only diversify their risks but also earn higher returns.
The aim should be to continue to along these lines and try to reach small farmers in the agriculture
sector and small, medium and micro enterprises in the coming years. This approach should be
successful, if bankers are enterprising but prudent, forward-planning but not risk averse, and
flexible but not too lenient in reaching out to the small farmers,small firms or individuals with
micro-finance or consumer financing needs.
The industry has paid adequate attention so far to developing new products on the asset side but
neglected the liability side, i.e. depositors. It is a one-sided approach as it is the savers and
depositors who provide sources of funds for the industry to perform its basic functions of financing
and investment. This could be an opportune time for the banks and nonbank financial institutions to
devise new remunerative liability products for the 30 million depositors and savers of Pakistan.
3. Infrastructure Financing:
In addition to public sector enterprises, banks and DFIs must sponsor ways of fostering private-
public partnerships in the area of infrastructure development. Successful experiences in other
countries should be examined and adapted to conditions in Pakistan.
4. Branchless Banking
Much progress has been made in establishing the platform for branchless banking. With an
increase in the numbers of ATMs,and extended availability of internet and telephone banking,
small and medium banks can now offer on-line services to their customers, beyond their branch
networks. The large banks have to move more expeditiously. As such, transaction costs will
become lower and customer service will improve.
5. Investment Banking:
Investment banking in Pakistan has not progressed so far at the required pace. The corporate
sector should use investment banks to render services such as investment advice, corporate
restructuring, distressed assets acquisition and disposal, mergers and acquisitions, equity and debt
financing. The investment banks must build up their capabilities in these areas. This is a
specialized field and commercial banks cannot compete with them either on cost or customer
satisfaction, although they all claim that they can provide total banking solutions for their clients1
needs.
Risk management is the gray area for the domestic banks. Although some banks have developed
risk management strategies within their own institutions, this capability must become more
widespread. Banks have not yet become fully aware of the essential need to attract human
resources of the right kind, and to set up internal rating systems with the supporting technology.
SBP have initiated training courses to cater for the needs in this area with the help of IBP.
It is encouraging that the response to the setting up of Islamic banks and branches in the country is
positive. Through the mechanism of Islamic banking, those who have until now remained outside
the financial sector because of their faith and beliefe, can now be attracted into using financial
services, if not in their millions, but hopefully in their thousands.
Money Market
Chapter 3: Depositories
Primary Market
Importance of International Capital Market
in the overall performance of the financial
system
Secondary Market
SECP
Stock Market
35
Money Markets
PartTwo
Structure of the Financial System
Chapter 1 Money Markets
Learning Outcome By the end of this chapter you should be able to:
» Define money markets
_ Describe the primary role and significance of a money market
_ Describe the framework being followed by the money
markets in Pakistan
Money Market
The money market is a segment of a financial market in which financial instruments
with high liquidity and very short maturities are traded. The users borrow or lend for a short term which varies
from several days to maybe just under a year. Money market securities consist of negotiable certificates of
,
deposit (CDs) bankers’ acceptances, U.S. Treasury bills, commercial paper, municipal notes, federal funds
and repurchase agreements.
Financial Market
Capital markets: they provide long-term finance, both equity and debt ,
for government and the corporate sector.
The main difference between the money market and the stock market is that
most money market securities transactions take place on a very large scale,
whereas stocks are dealt in small proportions. Due to the large size of the
transactions, it becomes difficult for the individual investor to gain access to
the money market,whereas it facilitates firms to buy and sell securities in
their own accounts, at their own risk. In a stock market a broker receives
commission to act as an agent, and the investor takes the risk of holding the
stock. Another difference is that a money market lacks a central trading floor
for transactions; deals are transacted over the phone or through electronic
systems, while the stock market has a trading floor for transactions.
The money market is accessible for mutual funds or through a money market
bank account. These accounts and funds collect the assets of thousands of
investors in order to buy the money market securities on their behalf. It is
possible to purchase some money market instruments, like treasury bills,
directly; otherwise they can be obtained through large financial institutions
with direct access to these markets. Primary role of Money Market
The main function of the money market is interbank lending, that is, banks
borrowing and lending to each other using T-bills, commercial paper,
repurchase agreements and similar instruments. The price of these
instruments is determined according to the benchmark, i.e. fLondon Interbank
Offered Rate (LIBOR).' In Pakistan also there are companies with strong
,
credit ratings who issue commercial papers / bonds debentures, etc to
meet their financial needs.
The money market mainly caters for fixed income groups. People connect
the term "fixed income" with "bonds”,implying that they are one and the
same, but a bond is just one type of fixed income security. The difference
between the money market and the bond market is that the money market
specializes in very short-term debt securities that mature in less than one
year.
Money market investments are also called cash investments because of their
short maturity period. Money market securities are government
Money Markets 37
securities, and financial institution and large corporation securities. These
instruments are easy to liquidate and so are considered safe to deal. The
traditional money market securities offer lower returns than most other
securities.
Banks operating in the money markets are required to ensure monetary and
financial stability. Some of these operations are designed basically to
implement the monetary policy decisions of the central bank and others are
designed mainly to provide liquidity for the banking system. The SBPfs
operating framework consists of a number of elements, including policies on
access rights to central bank facilities; collateral policies; and an operating
system.
The demand for reserves can change for a number of reasons. During
pressurized/stressed times,the interbank market may not work effectively
and a bank that is short of liquidity may find it more difficult than usual to
borrow money. The central bank uses reserves as a tool to check the money
market.
The interbank money market is the market in which banks borrow and lend
short-term funds to each other; the duration is usually no longer than a week.
These transactions have to be settled via banks’ accounts with the central
bank. If payment flows leave one bank with a surplus of reserves and another
with a shortage of reserves, they have an incentive to trade with each other at
a market-determined rate.
The interbank market forms the centre of a wider money market in which non-
bank financial institutions often participate. Overnight liquidity and transparent
pricing helps to maintain efficient working of the financial markets.
International trade, financing and investments, and related cash and credit
transactions, developed at a very fast pace in the 1960s and 1970s. The
international monetary system has continued to develop to accommodate the
need for foreign-currency denominated transactions and in the process has
been provided with opportunities for its continuing onward development.
The IMM progressed further in the mid 1980s when options began trading on
currency futures. By 2003,foreign exchange trading had hit an estimated
value of $347.5 billion.
Learning Outcome By the end of this chapter you should be able to:
■ Define mutual funds
職 List the types of mutual funds internationally and locally
思 Discuss the risks involved in dealing with mutual funds
and mitigation strategies available
What is a A mutual fund is an investment company that uses members* capital to buy a
Mutual Fund? diverse group of stocks from other companies. A mutual fund pools together
savings of various investors -individuals as well as institutions - and collectively invests these savings in
stocks,bonds and / or money market instruments. It offers many advantages to investors, particularly
retail investors, by linking directly with capital and money markets.
The pooled funds from many investors are used for investments in securities
and similar assets. Mutual funds are operated by money managers, who
invest the funds in capital and attempt to produce capital gains and income
for the fund’s investors. A mutual fundTs collection is planned and maintained
to match the investment objectives stated in its offer document. One of the
main advantages of mutual fiinds is that they give small investors access to
professionally managed, diversified portfolios of equities, bonds and other
securities, which are otherwise difficult to manage with a small amount of
capital. Each shareholder participates proportionally in the gain or loss of the
fund and thus risk is spread out. Mutual fund units, or shares, are issued and
can typically be purchased or redeemed as needed at the fund’s current net
asset value (NAV) per share. Profit is paid by:
” Dividend Payments: On an annual basis,the fiind’s management will
declare dividends in either cash form or in the form of bonus units. ”
Management Company
Mutual Funds 41
regularly informed of how the fundfs investments are performing. The
Trustee must hold under its control all the property of the fund in trust for the
unit holders. Cash and other assets must be deposited or registered in the
name of or to the order of the Trustee. The Trustee must carry out the
instructions of the management company in all matters including investment
and disposition of the fund property, unless they are in conflict with the Deed,
the Rules and applicable laws.
Following are the major advantages of investing in mutual funds:
• Investors can transfer part or all of their investments from one fund to
another so as to obtain the most benefit from their money.
• Under the current tax rules, capital gains on sale of units as well as
bonus units are exempt from taxes.
Front-end Load
Entry/ front-end load are the sales and processing charges payable by an
investor upon purchase of units. This charge is added to the Net Asset Value
in determining the Offer Price. This is a one-time charge and is paid on
investment.
Back-end Load
Exit/ back-end load are the sales and processing charges payable by an
investor upon redemption of units. This charge is deducted from the Net
Asset Value in determining the Redemption Price. This is a onetime charge
and is paid at the time of redemption of units.
Open-ended fund
(d) high corporate earnings that increased the earnings potential for
mutual funds
(e) a floating stock market that provided mutual funds with good
returns in the form of capital gains. Liberalization has helped to
facilitate entry of the private sector into the mutual funds
industry.
The mutual fund industry in Pakistan has witnessed a period of fast growth
since 2002 with an average growth rate of about 50 percent. Net assets
reached the highest ever level of about Rs. 425 billion in April FY08 when the
stock market was at its peak. However, the rapid decline of the market in
2009 had an adverse impact on the assets of the mutual funds which were
reduced to Rs. 211.9 billion by end 2009,as compared to Rs. 334.8 billion in
2008.
Mutual Funds 43
Developments in the regulatory and services environment indicate there is
still strong potential for the mutual funds sector to continue its growth
momentum, although the challenges faced by the sector need to be
addressed as a priority. Some significant challenges which are being faced
by the mutual funds industry are:
• Institutional investors, who generally have large funds for investment, such
as provident and pension funds, are restricted from investing in mutual funds.
• The need to introduce stringent fit and proper tests for fund managers and
intermediaries, including their sales force.
• The need to implement international best practices across the sector and
improve fund governance and transparency.
Money Market
Funds
The money market consists of short-term debt instruments, mostly Treasury
bills (T-bills). Although the money market is a safe place to invest, the
investor will not gain very high returns, but at the same time the original
investment will remain intact.
Balanced Funds
Equity Funds
Funds that invest in stocks represent the largest category of mutual funds.
Generally, the investment objective of this class ot tunds is long-term capital
growth with some income. There are different types of equity funds in the
market to match various types of equities.
Global/International Funds
An international fund or foreign fund invests outside the home country of the
investors. Global funds may invest anywhere around the world, including the
home country of the investor.
These funds cannot be considered nsMer or safer than domestic
investments but they can be maintained as part of a well-balanced portfolio,
wmch actually reduces risk by increasing diversification as the economic
conditions of each country are different.
Specialty Funds
• Regional funds make it easier to focus on a specific area of the world such
as south Asia, Middle East, etc, or an individual country, for example,India
only. Like sector funds, the investor has to accept the high risk of loss,
which occurs if a particular region goes into a bad recession.
Mutual Funds 45
• Socially-responsible funds, or ethical funds, invest only in
companies/entities that meet certain criteria or conform with certain
guidelines or beliefs. Mostly these funds are not invested in industries such
as tobacco, alcoholic beverages, and armaments.
Index Funds
The last important funds are index funds. This type of mutual fund replicates
the performance of a broad market index such as the S&P 500 or KSE 100
index. An investor in an index fund knows that most fund managers can’t beat
the market. An index fund merely replicates the market return and benefits
investors in the form of low fees. How to mitigate risk
• Sector funds should be avoided as they are a high risk, high return
investment proposition, and they tend to lose sheen when the sector is out
of favor,or during a down turn in the equity markets, thus resulting in
erosion of wealth.
• Instead of investing a lump sum amount, it would be better to adopt the SIP
(Systematic Investment Plan) route while investing, as this enables the
investor to manage the volatility of the markets well, and provide him/her
with the advantage of compounding and rupee-cost averaging.
• If the investor selects mutual funds in the right manner by taking into
,
account the host of factors (past performance, return, risk etc) attractive
returns on the investments should result.
• The investor’s age and objectives are very important factors to be taken into
account when investing funds. Persons of old age should not invest in
equity (whether direct equity, i.e. in stocks, or indirect equities, i.e. through
mutual funds). In this case, debt instruments would be a safer option.
SECP regulates the mutual funds industry, all stock exchanges in Pakistan,
all listed companies, the insurance industry, investment banking sector and
the stock brokerage business. The SECP has established and continues to
develop a stringent set of rules and requirements and an organization has to
abide by them in order to operate as an Asset Management Company.
The management company also falls under the regulations of SECP and
SBP, etc. The role of SECP in regulating the capital markets in Pakistan has
had a positive impact and total funds in the industry have reached Rs. 3,027
billion (US$ 50.45 billion).
The SECP wants to promote investment through mutual funds, and therefore
it has allowed investment of 50 percent of provident funds in authorized unit
trust schemes. SECP also allows exposure of up to 20 percent of their funds
to a single scheme. The SECP has permitted formation of index funds, sector
funds and other various kinds of funds, along with the conversion of a closed-
end fund to an open-end fund in order to provide product diversification. It has
been made obligatory for asset management companies to have the unit
trust schemes that they manage, rated by a rating agency registered with the
SECP.
Net Assets 51.6 93.7 125.8 159.9 289.1 334.8 219.3 211.9
Share by Ownership
Public Sector 78.50/0 52.80/o 48.50/0 40.2% 31.5% 25.4% 30.8% 20.5%
Private Sector 21.5% 47.20/0 51.5% 59.8% 68.5% 74.6% 69.2% 79.5%
Share by Type
Open-ended Funds 78.20/0 73.60/0 70.1% 72.70/0 82.40/0 86.1% 87.3% 84.10/0
Closed-ended Fund 21.8% 26.40/0 29.9% 27.3% 17.60/o 13.90/0 12.70/0 15.9%
Share by Category
Equity Funds 81.20/o 76.5% 72.80/0 63.0% 47.30/0 41.6% 44.5% 34.7^/o
Income Funds 6.6% 6.40/0 6.20/0 10.6% 24.40/0 24.9% 23.2% 32.80/0
Money Market Funds 4.6% 3.6% 3.9% 7.3% 15.0% 17.2% 13.7% II.70/0
Balanced Funds 5.8% 10.3% 9.0% 7.2% 4.6% 4.9% 4.10/0 3.6%
Islamic Funds 1.8% 3.2% 4.70/0 5.6% 4.90/0 6.2% 8.50/0 10.8%
Tracker Funds 0.0% 0.0% 0.0% 0.6% 0.5% 0.2% 0.1% 0.1%
Fund of Funds 0.0% 0.0% 0.40/0 0.5% 0.3% 0.6% 0.5% 0.6%
Others 0.0% O.OO/o 3.00/0 5.20/0 3.0% 4.4% 5.4% 5.7%
Mutual Funds 48
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r
Learning Outcome By the end of this chapter you should be able to:
» Define depositories
registrars
理 Recall the Central Depositories Act, 1997 (Pakistan) and list its
stakeholders
What is a Depository? A "Depository” is a facility for holding securities, which enables secunties
transactions to be processed by book entry. To achieve this purpose,the
depository may stock the securities or dematerialize them.
”Dematerialization’’ is a process by which physical certificates are converted
into electronic form. Pakistan has chosen the dematerialization route.
• Deposit of Securities
• Transfer of Securities
• Pledging of Securities
• Pledge Release
• Pledge Call
• Withdrawal of Securities
• The depository as a registered owner shall not have any voting rights or
any other rights in respect of securities held by it.
• The beneficial owner shall be entitled to all the rights and benefits and be
subjected to all the liabilities in respect of his securities held by a depository.
Learning Outcome By the end of this chapter you should be able to:
■ Define a capital market
■ Describe the primary role and significance of a capital market
■ List the functions of a capital market and how they affect
the overall dynamics of a financial system
markets
■ Discuss how secondary market functions influence the
overall performance of a financial system in a country
,
In the 1990s Pakistan’s capital markets had a number of critical issues to
confront, including, among others, a weak and outdated regulatory framework;
an inefficient, non-transparent and stagnant stock market;
Capital Markets 53
a poorly regulated and publicly-owned mutual funds industry and a growing
insurance industry that contributed little to capital market development. In
those years, National Saving Schemes offered higher interest rates which
were inappropriate, although they attracted personal and institutional savings
incompatible with the risks. This situation slowed the development of the
capital market, hampered the growth of the corporate debt market, and
delayed financial intermediation. It effectively starved the private sector of
much-needed capital.
During the period from July-March 2010-11, the capital markets demonstrated
a wavering rising trend and posted modest gains. A total of 638 companies
were listed at the Karachi Stock Exchange (KSE) in July-March 2010-11 with
total listed capital of Rs. 920.1 billion. Pakistan’s stock markets have remained
very progressive during the first two quarters of 2010-11 in terms of market
index and market capitalization, which remained steady until January 2011.
The stock market is the most important part of the capital market. The best
way for a business organization or a company to raise money for capital is
through the stock market. Companies sell their shares of ownership in a
public market and thus raise additional financial.A stock exchange provides
investors with the facility to quickly and easily sell securities. This is called
liquidity. This is an attractive feature of investing in stocks, compared to other,
The price of shares and other assets is important for economic growth.
Growth in the capital market predicts a rising economy. In fact, the capital
market is considered the primary indicator of a country’s economic strength
and development. The financial system in Pakistan has undergone a
remarkable transformation. Now more investment is flowing directly to the
financial markets instead of being invested in traditional bank deposits. The
general public is developing an interest in investing in the stock market, either
directly or through mutual funds. The same pattern is being noted all over the
world. In developed economic systems, the trend has been the same _
savings have moved away from traditional bank deposits to more risky
securities of one sort or another.
:
Stock markets they provide financing through the issuance of shares or
common stock, and enable subsequent trading through a secondary market.
:
Bond markets they provide financing through the issuance of bonds, and
enable subsequent trading through a secondary market.
There are two types of capital markets:
A primary market is a market for raising fresh capital in the form of shares.
Public limited companies which want/need to raise capital funds through the
issue of securities approach the primary market. Public limited and
government companies are the issuers and individuals, institutions and
mutual funds are the investors in this market.
• The primary market lends money for setting up new businesses or for
expansion or modernization of existing businesses.
• The new issue market does not include other sources of long-term external
finance, such as loans from financial institutions.
Merchant Banker:
Bankers play a very important part in the operations of the primary market.
They collect applications for shares and debentures, along with application
money from investors in respect of issue of shares. They also refund the
application money to the applicants to whom shares could not be allotted on
behalf of the issuing company. A company is not authorized to collect the
application money directly. Money on account of new rights issues of shares
and debentures must be collected through the banks. Therefore, an issuing
company has to appoint bankers to collect money on its behalf.
Registrar:
Brokers:
Brokers are the middlemen who provide a very important link between the
prospective investors and the issuing company. They assist in the subscription
to issues by the public. The appointment of brokers is not mandatory. Brokers
receive their commission from the issuing company according to the rules and
regulations. There is an agreement between the brokers and the issuing
company. A broker must have thorough knowledge, professional competence
and integrity in order to carry out the overall functions required to deal with an
issue. The names and addresses of the brokers to the issue are disclosed in
the prospectus issued by the company to help investors make their choice of
the company in which to invest.
Secondary Market
For the general investor, the secondary market provides an efficient platform
for trading of shares and securities. For the management of companies,
secondary equity markets serve as a monitoring and contr ol medium for
facilitating control activities, enabling implementation of incentive-based
management contracts, and through market-based information guides
company management to take better decisions. The main features of the
secondary market are:
Sometimes investors believe that they have the latest information about a
particular share or security which other market participants do not have. This
information leads them to believe that the security is not being correctly priced
by the market. If the information is good, this suggests that the security is
currently under-priced, and investors with access to such information will
prefer to buy that share/security. Contrary to this, if the information about the
share/security is bad, investors will prefer to sell their holdings to secure their
investment.
Quick convertibility into cash:
• To facilitate valuation of the cost of capital and the rate of return of economic
entities at the micro level by taking into account local as well as international
factors.
• To protect investors' interests through readily available market
information.
Secondary markets all over the world are greatly affected by the operation of
hedge funds. The use of hedge funds has allowed trading activities for a large
number of dealers. Traditionally, banks are involved in the activities of lending
and receiving deposits, but now banks are also managing investment
portfolios and thus playing a positive role in the overall development of
financial markets.
• Portfolio management
Corporate analysis
Arrangement of Syndicated Credit
• Debenture issuance
Financial Intermediaries:
These finance the specific requirements of their customers. The required
infrastructure, in the form of the required asset or finance, is provided on easy
financial terms. Such companies earn their incomes from the interest spread,
i.e. the difference between interest paid and interest earned. These financial
institutions may be regulated by regulatory authorities, and must provide
evidence to the regulators of the qualifications of the persons advising
potential clients in order to protect the interests of the depositors or equity
holders.
Secondary market
intermediaries Stockbroker:
A stockbroker plays a very important part in secondary market activities by
helping both the broker and the client. A broker is an intermediary who
arranges to buy and sell securities on behalf of clients. They receive
commission for these services.
A stockbroker means a member of a recognized stock exchange who holds a
certificate of registration granted by SECP.
Sub-Broker:
A sub-broker is a person who intermediates between investors and
stockbrokers. He acts on behalf of a stockbroker as an agent or otherwise to
assist investors in buying /selling securities through a stockbroker.
Security Dealers:
Those who purchase and sell government securities on the stock exchange
are known as Security Dealers. Each transaction has to be separately
negotiated.
Depositories:
A depository is an entity where the securities of an investor are held in
electronic form. The person who holds a de-mat account is a beneficiary
owner. In case of a joint account, the account holders will be beneficiary
holders of that joint account. Depositories help in the settlement of the
dematerialized securities.
Portfolio Manager:
A Portfolio Manager is a professional with expertise in the field of capital as
well as the money market. He studies the market and adjusts the investment
mix for his client on a continuing basis to ensure safety of investment and
reasonable returns on the investment for his client.
Role in restructuring/liquidation
Financial intermediaries play a key role in the restructuring and liquidation of
companies in distress. If a company requires further funding for
reorganization/health improvement, banks/DFIs provide fresh funding. In
other situations reorganization under bank supervision or management is
required, where the bank prepares a liquidation program of asset sales with
proceeds to be used to recover the bank’s liabilities.
SECP
• Calling for information and records from any bank or any other authority or
board or corporation established or constituted by or under any central or
provincial Act in respect of any transaction in securities which is under
investigation or inquiry.
Following are the departments which are responsible for monitoring the
operation of the Stock Exchange.
Market Monitoring & Surveillance and Beneficial Ownership Wing
(MSW)
The Wing is responsible for monitoring trading activities at the stock
exchanges on a real-time basis. The MSW keeps a close watch on price
movements of scripts [scrip issues???], monitors abnormal prices and
turnover, detects cases of market manipulation and insider trading and
conducts detailed investigations in such cases. The Beneficial Ownership
section of this wing is responsible for monitoring the trading activities of
beneficial owners of listed companies and detects cases where beneficial
owners of companies have managed to make gains on account of
transactions made within a period of six months. Such amount of gain is
recoverable as an arrear of land revenue.
The SEW is responsible for the development and review of policies and
regulations governing key capital market institutions, including stock and
commodity exchanges, central depository company, national clearing
company and other market participants. This Wing is also responsible for
improving the regulatory and operational efficiency of the capital market by
providing a regulatory regime that conforms to international best standards
and ensures compliance with the IOSCO principles. SEW endeavors to base
its regulatory philosophy on the principle of developmental regulation and
places great emphasis on investor protection, improved risk management,
market development and creating market conditions which boost investor
confidence and transparency and foster growth of the Pakistani Capital
Market.
The Capital Issues Wing (CIW) deals with cases regarding approval of
prospectuses for public issue/offer of securities. The prospectus of any
company inviting public subscription for its securities is required to be
approved by the SECP under the Companies Ordinance, 1984 prior to its
issue, circulation and publication. The CIW also processes cases regarding
issue of securities outside Pakistan under Section 62-A of the Companies
Ordinance, 1984,registration of Special Purpose Vehicles (SPV) under the
Companies (Asset-Backed Securitization) Rules, 1999,cases requiring
enforcement actions under the Listed Companies (Substantial Acquisition of
,
Voting Shares and Takeovers) Ordinance 2002,relaxation of the
requirements of the Companies (Issue of Capital) Rules, 1996 pertaining to
Initial Public Offerings and cases reported under Section 18-A of the
Securities and Exchange Ordinance, 1969 which prohibits submission of
more than one application by a single applicant for subscription of shares.
Stock Market
Stock Exchange
Karachi Stock Exchange (KSE) began with a 50 shares index. As the market
grew, a representative index was introduced. On November 1,1991 tiae
KSE-100 was introduced and is now accepted as a standard measamc urif
the Exchange. Karachi Stock Exchange 100 Index (KSE-100 Index) is a
benchmark used to compare prices,and companies with the highest market
capitalization.
In 1995 the need was felt for an all share index to reconfirm the KSE-100 and
also to provide the basis of index trading in future. On August the 29th, 1995
the KSE All Share Index was constructed and introduced on September
,
18 1995. Karachi Stock Exchange is the biggest and most liquid exchange
in Pakistan. It was declared the ’’Best Performing Stock Market of the World
,
for the year 2002n by "Business Week". As of Dec 8 2009,654 companies
were listed with a market capitalization of Rs. 8.561 trillion (US$ 120.5 billion)
having listed capital of Rs. 2805.873 billion (US$ 40.615 billion). The KSE
,
100TM Index closed at 11,967 on May 16 2011. By 30 July total market
capitalization is expected to reach Rs2.95 trillion, approximately 350 billion
,
dollars. As of December 8 2009, 652 companies were listed with a market
capitalization of Rs. 2.561 trillion (US$ 30.5 billion) having listed capital of Rs.
,
717.3 billion (US$ 12 billion). On December 26 2007,the KSE 100 Index
reached its highest value ever and closed at 14,814.85 points.
Foreign buying had been very active in 2006 and continued in 2007.
According to estimates from the SBP site, foreign investment in capital
markets totals about US$523 million. According to a research analyst in
Pakistan, around 20 % of the total free float in the KSE-30 Index is held by
foreign participants. KSE has seen some fluctuations since the start of 2008.
Trading procedure:
Karachi Stock Exchange was the first Stock Exchange to provide a nation-
,
wide, confidential, order-driven screen-based trading system. Members
input to the system details of their orders, such as the quantities and prices of
securities they want to transact. A transaction is executed as soon as a
matching sale is found or an order bought from a counter party. All the orders
are electronically matched on a price/time priority basis. This has resulted in a
considerable reduction in time spent, cost and risk of error, as well as fraud,
resulting in improved operational efficiency. Information on prevailing prices is
provided, so that market participants can see the whole market on a real time
basis.
The following are the steps involved in the trading of securities at a stock
exchange:
Placing orders:
An order is placed by an investor with the broker either to buy or sell a certain
number of shares/securities at a certain specified price. An order can be
placed by telephone, telex/ fax, letter or in person.
An order can be processed in the following ways:
• When the client places a limit on the price of the share/security, it is called a
’Limit Order’.
.Where the order is to be executed by the broker at the best price, such an
order is called ’Best Rate Order'
• When the client does not fix any price limit or time limit on the execution of
the order and relies on the judgment of the broker, it is called an ’Open
Order,.
Trade execution:
The broker has to execute the order placed by his client during trading hours.
The order is executed as per the client’s requirements. The broker is required
to negotiate with other parties in order to execute the orders.
Contract note:
When the order is executed, the broker prepares a contract note which is the
basis of the transaction. Particulars such as price, quantity of securities, date
,
of transaction, names of the parties brokerage, etc. are entered in the
contract note.
Delivery of shares takes place through the transfer deed. Requirements are:
• The transfer deed must be signed by the transferor or the seller and it must
be witnessed.
• It should contain the details of the transferee, stamp of the selling broker,
etc.
Settlement:
On the date of settlement, cheques and securities are exchanged as per the
delivery order. The clearing house makes the payment and delivers the
security certificates to the members on the payout day. Each broker settles
the account with every client by taking delivery or giving delivery of securities
certificates and receipts or payment of cheques. Karachi Stock Exchange
Crisis 2008
• April 20: Karachi Stock Exchange achieved a major milestone when the
KSE-100 Index exceeded the psychological level of 15,000 for the first time
in its history and peaked at 15,737.32 on 20 April 2008. Moreover, the
increase of 7.4 per cent in 2008 made it the best performer among major
stock exchanges.
• July 16: KSE-100 Index dropped one-third from an all-time high hit in April,
2008 as pressure increased on the shaky Pakistani coalition government to
tackle militants.
• August 28: Karachi Stock Exchange set a floor for stock prices to halt a
sink that had wiped out $36.9 billion of market value since April..
• December 15: Trading resumes after the removal of floor on stock prices
that was set on August 28 to halt sharp falls.
Sector Rules
Sector rules govern the selection (or deletion) of companies on the
basis of being the top capitalization stock in each of the 34 KSE
sectors (excluding Open-end Mutual Fund sector). Two rales are
recommended to undertake selection in this area: one is a time-based
rule and the other is a value-based rule. Application can be triggered
by compliance with either rule.
Value-based rule:
A company (not in the index) which becomes the largest in its sector
by a minimum of 10% greater in capitalization value than the present
largest in the sector (in the index) will enter the index after one re-
composition period.
Time-based rule:
A company (not in the index) which becomes the largest in its sector
(by any amount of value) will enter the index after maintaining its
position as largest in the sector for two consecutive re-composition
periods.
Capitalization Rule
Capitalization rules govern the selection (or deletion) of companies on
the basis of being among the largest capitalization companies in the
stock market. Only one rule applies here - the time-based rule.
The listing of companies in the capital market means the admission of the
shares of a company to dealings on a recognized stock exchange. The
securities or shares may be of any public limited company, Central
government,Provincial government and other financial
institutions/corporations, municipalities, etc. All stock exchanges have a listing
department to grant approval for listing of shares of companies in accordance
with the various provisions of the law. The role of longterm capital in the
economic development of a nation cannot be overemphasized. Most
economic managers recognize that a well organized capital market is crucial
for mobilizing both domestic and international capital. In many developing
countries, however,capital has been a major constraint on economic
development. Many factors affect the development of the capital and money
markets. The capital market consists of primary and secondary markets. The
primary market is the one in which underwriters help companies raise capital
in the form of initial public offerings or by issuing stocks and bonds to
investors. As such, the listing of new companies,financial activities will be
increased, which will result in an increase in production, creation of new job
opportunities and rollection of more revenue to the government.
A company intending to have its shares listed has to comply with the listing
requirements prescribed by the Stock Exchange. Companies that have been
classified as large cap companies have slightly different rules from those
classified as small cap.
The objectives of listing are to:
Submission of Application
As per Companies Acts requirements, a company looking for listing of its
scrips on an exchange is required to submit a letter of application to all the
stock exchanges where it proposes to have its shares listed before filing the
prospectus with the Registrar of Companies.
Allotment of Securities
Most exchanges stipulate that a company complete allotment of scripts
offered to the public within 30 days of the date of closure of the subscription
list and approach the regional stock exchange, that is, the stock exchange
nearest its registered office, for approval of the basis of allotment. In the case
of a book building issue, allotments are normally insisted upon not later than
15 days from the closure of the issue.
Capital Markets 69
Trading Permission
As per Securities and Exchange Guidelines, the issuer company should
complete the formalities for trading at all the stock exchanges where the
securities are to be listed within 7 working days of finalization of basis of
allotment.
Types of listing:
Initial listing: If the shares or securities are to be listed for the first time by a
company on a stock exchange this is called an initial listing.
Listing for public issue: When a company whose shares are listed on a
stock exchange comes out with a public issue of securities, it has to list such
issue with the stock exchange.
Listing for right issue: When companies whose securities are listed on
the stock exchange issue securities to existing shareholders on a rights
basis,it has to list such rights issues on the relevant stock exchange.
In the financial markets, there is a transfer of funds from one group, that is, of
investors to another group who require funds. Generally these groups do not
have a direct link between them. The link is provided by market intermediaries
such as brokers,mutual funds, leasing and finance companies, etc.
In fact, there is a very large number of participants in the financial market;
some of them are discussed below:
Individual party:
These are net savers who purchase the securities issued by corporate
authorities. Individuals provide funds by'subscribing to these securities or by
making other investments.
Government:
Government sometimes borrows funds to take care of the budget deficit or to
avoid liquidity, etc. Government may require funds for the long term or for the
short terms in the money market. In Pakistan, the National Saving Scheme is
a good example of government securities. Regulators: The financial system is
regulated by different government agencies. The relationships among
participants, the trading mechanism and the overall flow of funds are
managed, supervised and controlled by these statutory agencies. In Pakistan,
two basic agencies regulating the financial market are the State Bank of
Pakistan and the Securities and Exchange Commission of Pakistan (SECP).
• Lead Managers
• Registrar
• Depositories
• Share brokers
• Underwriters
• Custodians
• Portfolio Managers
Mutual Funds
Share index comparison
Up to Up to Up to up to Up to
a share Index?
A share market index is a graph which tracks the value of a number of
prominent shares on the exchange to present the performance of that
exchange as a whole. These are combined shares that are considered
representative shares. The group of shares tend to experience some of the
same market-specific circumstances and so when the index goes up or
down, one can say that the market is going up / down in general. KSE began
with a 50 shares index. As the market grew, a representative index was
needed. On November 1,1991 the KSE-100 was introduced
As mentioned earlier, in 1995 the need was felt for an all share index to reconfirm the KSE-
100 and also to provide the basis of index trading in future. On August the 29th,1995 the
,
KSE All Share Index was constructed and introduced on September 18 1995.
This is an index of market prices of a particular group of stocks such as the KSE shares. It
was introduced in November 1999 with a base value of 1000 points. The index is comprised
of 100 companies selected on the basis of sector representation and highest market
capitalization, which represent around 80 % of the total market capitalization of the
companies listed on the Stock Exchange. A list of 34 sectors has been selected by the KSE,
i.e. one company from each sector (excluding open-ended funds as such total sectors are
35) on the basis of largest market capitalization. The remaining 66 companies are selected
on the basis of largest market capitalization in descending order.
Now we shall discuss the formula for calculating the KSE 100 share index- To make the
computation simple, the total market value of the base period has been adjusted to 1000
points. Thus, the total market value of the base period has been assigned a value of 1000
points.
The KSE100 Index calculation at any time involves the same multiplkation of share price
and shares outstanding for each of the KSE 100 Index component stocks. The aggregate
market values are divided by the base value and multiplied by 1000 to arrive at the
current index number.
Thus,the KSE 100 is similar to other indicators that track various sectcws of the
Pakistan economic activity such as the gross national product, consumer price index, etc.
A 10 50,000,000 500,000,000
B 20 100,000,000 2,000,000,000
C 30 150,000,000 4,500,000,000
7,000,000,000
Base period value / base divisor = Rs. 7,000,000.000 =1000
Example of calculating KSE 100 Index (Day 2)
Stock Shares price Rs Numbers of Shares Market vale
A 12 50,000,000 600,000,000
B 23 100,000,000 2,300,000,000
C 34 150,000,000 5,100,000,000
Market value capitalization 8,000,000,000
From the above example formulas for calculating share price index are given below:
The primary objective of the KSE-30 Index is to have a benchmark by which the stock price
perfofmance can be compared over a period of time. In particular, the KSE-30 Index is
designed to provide investors with a sense of how large companies scripts [or scrip
issues???] of Pakistan’s equity market are performing. Thus, the KSE-30 Index will be
similar to other indicators that track various sectors of the country、economic activity, such
as the gross national product, consumer price index, etc.
The KSE-30 Index is calculated using the MFree-Float Market Capitalization” method. In
accordance with this method, the level of index at any point in time reflects the free-float
market value of 30 companies in relation to the base period.
Free-float means the proportion of the total shares issued by a company that are readily
available for trading at the Stock Exchange. It generally excludes the shares held by
controlling directors / sponsors / promoters, government and other locked-in shares not
available for trading in the normal course.
• The Company which is on the Defaulters’ Segment / Non-Compliant Segment and /or its
trading is suspended,declared Non-Tradable (i.e. NT) in preceding 6 months from the
date of re-composition shall not be considered for inclusion in KSE-30 Index.
• The Company will be eligible for the KSE-30 Index if its securities are available in the
Central Depository System.
• The Company should have a formal listing history of at least two months on KSE.
• The Company must have an operational track record of at least one financial year and it
should not be in default(s) of the Listing Regulations.
• The Company should have minimum free-float shares of 5% of total outstanding shares.
• The Company will be eligible for the KSE-30 Index if its securities are traded for 75% of the
total trading days.
Open-End and Closed-End Mutual Funds are not eligible for inclusion in the KSE-30 Index.
During market hours, prices of the Index scripts at which trades are executed, are
automatically used by the trading computer to calculate the KSE-30 Index and constantly
make updates on all trading workstations connected to the KSE trading computers on a real
time basis.
Final Rank
The script should include the top 30 companies on the basis of final ranking. The final rank is
achieved by assigning 50% weightage on the basis of free-float market capitalization and
50% weightage to the liquidity based on Impact Cost of the securities. The security having
the highest free-float market capitalization and the lowest impact cost is assigned full marks
and the marks for the rest of the securities are calculated proportionately.
Selection of companies for inclusion in the KSE-30 Index is determined on the basis of
n
Free-Float Market Capitalization” methodology. As per this methodology, the level of Index
at any point in time reflects the free- float market value of 30 component stocks relative to a
base period. The market capitalization of a company is determined by multiplying the price
of its stock by the number of free-float shares determined for the purpose.
In the first three months of 2011,the equity returns at the Karachi Stock Exchange were
the lowest in the last 10 years.
The January-March return stood at minus 1.8 per cent. The average returns on equities in
the 10 years stood at 3.9 per cent. Most analysts termed the local market performance as
impressive in March in spite of massive foreign outflow of $16.2 million during the month.
That was in sharp contrast to the inflow of $5.5 million in the month earlier. Local investors
had done well in the unfavorable atmosphere of political disorder in the Middle East and
North Africa region, followed by the March 11 earthquake and tsunami disasters in Japan.
But over the quarter, there was net inflow of $52m into the Pakistani market, compared with
the outflow of the staggering sum of $4.2 billion from the Asia Pacific (e.g. Japan) region.
The reason for this inflow was that Pakistani equities produced a return of 6 per cent (in US
dollar terms), which was above the rest of the Regional Markets.
The KSE had posted a negative return in IQ for the first time in last 10 years,largely on the
back of intensified political disturbance; growing tensions in the Middle East and North Africa
region; concerns about the effects of the dreadful earthquake in Japan, and the
announcement of new taxes. Due to the measures taken by the government, political turmoil
in the Middle East and North Africa, Pakistani trade will be adversely affected and profits of
companies may well be down by an average of 2 percent.
PartTW0
Structure of the Financial System
Chapter 5 Non-Banking Financial Institutions
Learning Outcome By the end of this chapter you should be able to:
* List and discuss the various type of NBFIs 睡 Discuss the
operating mechanism, growth potential and the role of NBFIs in
the financial sector
■ List the types of financial industry players in Pakistan, their
formation, regulation and discuss the role they play as part of
the system
Operating mechanism
There are laws related to the operating structure for each category of NBFIs.
NBFCs operate as public limited companies to carry out the business or
investment finance, leasing, housing finance, venture capital investment,
discounting, investment advice and asset management. For every unique
financial service that an NBFC provides it is required to have a separate
license from SECP.
Investment advisory and asset management license holders can offer mutual
funds for public subscription. Mutual funds are constituted through trust
deeds, although a closed-end mutual fund may be set up as a company.
Modarbas were introduced in 2002 and since then have operated within the
robust legal framework of SECP. Modarbas follow Shariah law to manage
finance investments and operate in a two-tier fund structure to conduct
business. There is a Registrar of Modarbas who works under SECP and
Modarbas can be floated only with his permission by the Modarba
management company. The Federal Government has constituted a
Religious Board, from who certification is required, so that the business of the
Modarba is not in opposition to the injunctions of Islam. The low
(DFI)
DFI comprises a range of financial institutions including microfinanc
institutions, community development financial institution and revolvin loan
funds. These institutions provide credit in the form of higher ris loans, equity
positions and risk guarantee instruments to private sectc investments in
developing countries. DFIs are backed by states wit developed economies.
DFIs have a mandate to provide finance to the private sector for projed that
promote development. The purpose of DFIs is to ensure investmei in areas
where otherwise the market fails to invest sufficiently. DFI specialize in loans
with longer maturities and other financial product
Leasing
Leasing is a legal agreement between two parties that specifies the tern and
conditions for the rental of property. For example, leasing a machiij is based
on an agreement. This agreement does not take place betwee the customer
and the machine dealer; rather it is between the customi and a leasing
company selected by the dealer. In other words, the machiD is actually sold to
the leasing company who, in turn, rents the machiij to the actual customer (the
lessee). The dealer simply acts as an agent fc the leasing company and
negotiates the terms under which the customc will rent the machine from the
leasing company.
• Direct lease: You identify the asset (and negotiate the price) and
arrange for the leasing company to buy it from the manufacturer (if new) or
the previous owner (if used) to lease it to you.
• Finance leasing
• Operating leasing
• Contract hire.
Finance leasing (full payout lease) ■ A customer obtains all the
financial benefits (and risks) without actually acquiring a legal title. The
leasing rate is decided after calculations to collect the full value of the asset
(plus finance charges) during the contract period. At the end of the lease, the
asset is sold to a third party and the customer can receive a share of the sale
proceeds. Generally, the customer will not be able to become the owner of
the asset at any time - unless a private arrangement is made with the third
party.
Operating lease - Operating leasing is more like a regular rental. The leaser is
allowed to either sell the asset in the second-hand market or to lease it again
and therefore it is not expected to recover the total asset value through lease
payments. This lease may be extended at the end of the leasing period (this
negotiation can only take place at the end of the initial rental period). This
option does not allow the leaser to become the owner of the asset at any
time nor to have his share of the sale proceedings.
Hire purchase - This is an agreement for the hiring of an asset with an option
to purchase. The legal title will pass to you when all payments have been
made. The term of a hire purchase must be significantly shorter than the
working life of the asset. You can claim capital allowances as if you had
purchased the asset outright, gaining immediate use of it. Hire purchase
agreements are typically written for domestic users, not for business users.
• has the right to act as an agent to sell the asset to an independent third
party
• can renew the contract or enter into secondary periods. Pakistan leasing
sector
The first leasing company was established in 1984 and has been performing
well since then. However, the economic downturn, adverse business
conditions and liquidity crisis affected the sector negatively during the fiscal
year 2009
Keeping in view the potential for economic growth in Pakistan, SECP issued
“The Private Equity and Venture Capital Fund Regulations, 2008” (PE & VCF
Regulations) in August 2008. However, despite the regulatory framework
provided by the SECP, the Venture Capital (VC) industry is developing rather
slowly. At the end-FY09,there were 3 operative VC companies which
accounted for a mere 0.4 percent of aggregate assets of the non-bank
financial sector. During FY09, the asset base of the sector grew by 67
percent to Rs. 2.6 billion, against a decline of 57 percent in FY08,and
therefore FY09 recorded net profit (after tax) for the first time. It is expected
that SECP5s support will promote the growth of this sector in coming years.
Part 3: Securities and Exchange
Commission of Pakistan
Risk Management
Learning Outcome By the end of this chapter you should be able to:
■Describe the role of SECP in regulating the financial market
operations of Pakistan
The Securities The Securities and Exchange Commission of Pakistan (SECP) started to
and Exchange function in 1999 by way of the Securities and Exchange Commission of
Commission of Pakistan Act, 1997. SECP functions as the sole administrative authority and
Pakistan (SECP) financially independent body in carrying out its regulatory and statutory tasks.
The purpose of establishing the SECP was to control and regulate the
development of a modern and efficient corporate sector and capital market,
based on sound regulatory principles, that results in high economic growth and
better promotion of social harmony in the country. SECP’s mission is to protect
investors by reducing systemic risk and thus encourage growth of the corporate
sector and an extensive capital market in Pakistan. In the beginning SECP’s
function was to regulate the corporate sector and capital market but since then
its scope of work has expanded over time, so that it now also supervises and
regulates the operations of insurance companies, non-banking finance
companies and private pensions.
The SECP also oversees various external service providers to the corporate
and financial sectors, including chartered accountants, credit rating agencies,
corporate secretaries, brokers, surveyors, etc. The Commission is responsible
for regulating the securities of any businesses in the stock exchange or in other
security markets.
• Supervising and monitoring the activities of any central depository and stock
exchange clearing house
• Encouraging the development of the capital market and the corporate sector
in Pakistan
Since organizations/institutions in the public and private sectors also often sell
securities on the capital markets in order to raise funds, thus the capital market
mobilizes domestic resources and channels them efficiently for better
productivity. The level of activity in the capital market is an important determinant
of a country’s level of savings, efficiency of investment and economic growth
rate.
For effective supervision and growth of the capital market, SECP has enacted
various laws, rules, and guidelines to improve the regulatory framework of the
markets in general and of the stock exchanges in particular. Several
improvements have been made in the trading and settlement system of the
stock exchanges and Central Depository Company (CDC). In addition, federal
government has taken several steps to reduce policy and regulatory constraints
faced by market participants. After the stock market crisis in May 2000,the
SECP implemented some corrective measures to restore investor confidence
and to achieve a fair,transparent and efficient stock market. The steps taken
include:
The commission has also implemented various regulatory reforms including the
issuance of registration rules for brokers and agents and the Insider Trading
guidelines.
In order to protect small investors against excessive price instability due to the
misuse of confidential information, the SEC implemented the ”Listed
Companies (Prohibition of Insiders Trading) Guidelines" on March 27 2001. ,
These guidelines increased the degree of transparency
Risk Management
(a) Shall not, save, in the case of Commissioners, take part nor be
present in any deliberation or decision of the Commission, the
Board or a committee, as the case may be, and
5. It shall be a valid defense for a person charged with an offence under sub-
section (4),if he proves that he was not aware of the facts constituting the
offence and that he exercised due care and diligence in discovering those facts
which he ought reasonably to have known in the circumstances.
V
6. Each Commissioner shall give written notice to the Federal Government of all
direct or indirect pecuniary interests that he has or acquires in a body corporate
carrying on a business in Pakistan. The nature of such interests and the
particulars thereof shall be disclosed in the annual report of the Commission
made under section 25.
(a) If the Chairman considers that the Commissioner should not take
part, or continue to take part, as the case may require, in
,
determining the matter, direct the Commissioner accordingly or
10. The Chairman or the Commissioner who has any interest in any matter
referred to in this section shall not take part,or continue to take part, as the
case may require, in determining the matter unless everyone concerned in it
consents to the Chairman or, as the case may be,the Commissioner so taking
part.
2. The person referred shall also declare his interest whenever it is necessary to
avoid the conflict of interest.
There was a need to improve the infrastructure at the stock exchanges. The
outdated system at the stock exchanges had to be replaced by adopting a
harmonized, automated trading system by all the stock exchanges; a Central
Depository and a National Clearing and Settlement System needed to be
developed. Accordingly, the open system has been abolished and all three stock
exchanges are now fully automated. In order to establish efficient delivery,
settlement and transfer of securities through a computerized book entry system,
the Central Depository Company of Pakistan Limited (CDC) was established.
,
On March 4 2002,the Securities and Exchange Commission of Pakistan
issued directives concerning good corporate governance whereby a listed
company must be managed in compliance with best practices. The salient
features of the Code of Corporate Governance are given below.
(a) his name is not borne on the register of National Tax Payers except where
such person is a non-resident; and
Tenure of office
The tenure of office of Directors shall be three years. Any casual vacancy in the
Board of Directors of a listed company shall be filled up by the directors within 30
days thereof.
Every listed company shall ensure that a ‘Statement of Ethics and Business
Practices5 is prepared and circulated annually by its Board of Directors to
establish a standard of conduct for directors and employees, which
Statement shall be signed by each director and employee in
acknowledgement of his understanding and acceptance of the standard of
conduct.
The Board of Directors shall adopt a vision/ mission statement and overall
corporate strategy for the listed company and also formulate significant
The investment policy shall, inter alia, state, that the Modarba/ Non- Banking
Financial Institution shall not invest in a connected person, as defined in the
Asset Management Companies Rules, 1995,and shall provide a list of all such
connected persons; that the Modarba/ Non- Banking Financial Institution shall
not invest in shares of unlisted companies; and the criteria for investment in
listed securities. The Net Asset Value of each Modarba/ Non-Banking Financial
Institution shall be provided for publication on a monthly basis to the stock
exchange on which its shares/ certificates are listed.
The Chairman of a listed company shall preferably be elected from among the
non-executive directors of the listed company. The Board of Directors shall
clearly define the respective roles and responsibilities of the Chairman and Chief
Executive, whether or not these offices are held by separate individuals or the
same individual.
(b) Proper books of account of the listed company have been maintained.
(c) Where any statutory payment on account of taxes, duties, levies and
charges is outstanding, the amount together with a brief description and
reasons for the same shall be disclosed.
(f) The number of Board meetings held during the year and attendance by
each director shall be disclosed.
• Directors, CEO and their spouse and minor children (name wise
details); executives;
,
‘Securities And Exchange Commission Of Pakistan No.2 (10)
SE/SMD/2002- March 28,2002
http://www.secp.gov.pk/news/code_corporate(revised).htm
http://www.secp.gov.pk/Guides/AmendedGuidelinesForAppointme
nt.pdf
http://www.secp.gov.pk/Guides/Promhttp:
//www.secp.gov.pk/corporatelaws/pdf/CodeofCorporateGovernance.
pdfotersGuideEnglish-new.pdf
1. Bonds/Sukuk
2. Municipal Bonds
3. Corporate Bonds
4. Term Finance Certificates
5. Asset-Backed Securities
6. Treasury Notes
1. Preferred stock
2. Common stock
Learning Outcome By the end of this chapter you should be able to: _ Define and
discuss the workings of the following money market
instruments: a. Treasury Bills
b. PIBs
c. Certificates of Deposits
d. Bankers7 Acceptances
e. Eurodollars
f. Repos and Reverse Repos
g. Call Money Market
For example:
=15/100.60 = 14.91%
T-Bills are the most marketable money market security. Their popularity is
,
mainly due to their ease in purchasing and discounting. Basically T- Bills
are a source for the government to raise money from the market (both
individuals and institutions). These are short-term securities that mature in
one year or less from their issue date. They are issued withEthree- month,
six-month and one-year maturities. These are short-term zero- coupon bond
debt obligations of the Government of Pakistan.
• Profit is taxable.
• State Bank sells the MTBs and PIBs to the 10 Primary Dealers
through price sealed bids auction. The 10 Primary Dealers are:
• JS Bank Ltd
• NIB
T-Bills are generally considered the most liquid of a bank’s assets. That is why
many banks hold T-Bills to meet their reserve requirements and as collateral
to be used in REPO agreements or for their short-term trading portfolio. The
following are some key features of T-Bills:
• T-Bills are issued in the form of tender in the primary market and
generally are traded via the SBP-nominated Primary Dealers,
amongst which are the ‘big five,. A cut-off point determines the last
accepted bid fat discount1 by the SBP as per bank needs. The bills
are then allocated to the successful bidders. Trading in the
secondary market is conducted on maturity value depending on
remaining days and the redemption value would be fixed at Rs.100
(PAR). Thus, there is never any difficulty in calculating the exact
value of the security at any stage during its life span.
• T-Bills can either be purchased from the primary market, that is, at
the SBP auctions and open market operations, or from the
secondary market.
• Face value of the bills ,i.e. principal and profit, are payable on
maturity.
P = Purchase price
If the T-Bill is sold prior to maturity, the selling price and therefore the yield are
dependent on market conditions at the time of the sale. Suppose the investor
plans to sell the T-Bill after 120 days and forecasts a selling price of Rs 9,820
at that time. The expected annualized yield based on this forecast is:
Assume a 6-month T-Bill with a par value of Rs 100 and a yield of 7.23% is to
be sold in an auction. Its price would be calculated in the following manner:
96.5251
A TFC must be rated before issuance. The rating reflects the credit risk of the
TFC, i.e. the issuer’s ability and commitment to reoav scheduled TFC
payments. Currently two rating agencies, PACRA and JCR-VIS, are
operating in Pakistan.
Like bonds, TFCs are structured to provide regular income in the form of
coupons. A TFC,s principal may gradually be redeemed over the tenor of the
instrument. These are exempt from capital gains tax. However, coupons
payments are subject to income tax.
2 While underwriting the issue, banks/DFIs shall ensure that their total
exposure, including underwriting, does not exceed their per party
exposure limits prescribed in these guidelines and under Prudential
Regulations.
General conditions
• Banks/DFIs shall not deal in any manner and in any capacity in commercial
papers (CPs) of denomination below Rs 1 million.
• There is no bar in dealing CPs if script less or dealing with CP in script form.
Banks and DFIs are eligible to perform the role of issuing and payment agent
(IPA) provided that they meet the minimum capital requirement of SBP and
have a minimum credit rating of A- (medium to long term) and A2 (short term)
from the credit rating agencies approved by SBP or from Standard & Poor,
Moody’s or Fitch. All the regulatory requirements as prescribed by SECP and
SBP must be duly met by the issuer.
8. Bankers' Acceptances
9. Eurodollars
Money Market
Operations 10.
REPO
,
• REPO agreements are hybrids having elements of both buy- sell
transactions and collateralized loans.
The reverese repo is the complete opposite of a repo. In this case, a dealer
buys government securities from an investor and then sells them back at a
later date for a higher price. It is a mirror image of a REPO transaction. The
difference between the purchase price and the sale price represents the
lending yield of funds involved against the said transactions.
Term Repo - exactly the same as a repo except the term of the borrowing is
more than 30 days.
365
Learning Outcome By the end of this chapter you should be able to:
■ Discuss the operations of the following fixed income
instruments:
1. Bonds/Sukuk
2. Municipal Bonds
3. Corporate Bonds
4. Term Finance Certificates
5. Asset-Backed Securities
6. Treasury Notes Discuss the operations of
the following equity securities: 1.Preferred stock
2. Common stock
1.Sukuk
A Sukuk is an Islamic financial certificate, similar to a bond in Western finance
that complies with Shariah, the Islamic religious law. Because the traditional
Western interest-paying bond structure is not permissible, the issuer of a
sukuk sells an investor group the certificate, who then rents it back to the
issuer for a prearranged rental fee. The issuer also makes a contractual
promise to buy back the bonds at a future date at par value. It must be able to
link the returns and cash flows of the financing to the assets purchased, or
the returns generated from an asset purchased. This is because trading in
debt is prohibited under Shariah^\s such, financing must only be raised for
identifiable assets.
Generally these are used to finance capital projects. They are considered
permitted since the returns are not interest based on the money lent but
rather a portion of the profits or rent generated from the project that was
financed. Most sukuk are offered by Islamic investment firms or some
governments such as Pakistan, Malaysia, and UAE etc. However, they are
not as widely available to regular investors as conventional bonds. The
issuance of Government of Pakistan Ijara Sukuk which had been a
longstanding need of the Islamic banking industry has also served as a new
source of funds for the Government. A total of four tranches of Govt of
Pakistan Ijara Sukuk have been issued since its introduction in 2008 ,
amounting to Rs 42.24 billion.
Sukuk are among the best ways of financing large enterprises that are
beyond the ability of a single party to finance, an ideal means for investors
seeking to deploy streams of capital, an excellent way of managing liquidity
for banks and Islamic financial institutions and a means for the equitable
Malaysian Sukuk issuers Affin Investment Bank issued its first Islamic bond.
The Malaysian-based bank was appointed lead adviser and coplacement
agent for a $250 million mixed residential and commercial property
development project near Lahore, Pakistan, and the money is being raised
through a Musharika Sukuk. Sukuk issuance for development projects in
Pakistan must be given due importance. There have been only five Sukuk
brought to market, and out of these two have closed. International Sukuk was
brought to market in January 2005 by an association of arrangers that
included Citigroup, HSBC, National Bank of Pakistan, Dubai Islamic
Bank,Arab Bank,and ABC Islamic Bank. The other closed issue was a
$133 million Water and Power Development Authority (VvAPDA) First Sukuk,
which was brought to market by City Group, the Muslim Commercial Bank
and Jahangir Siddiqui and Company, a Pakistani investment bank. It is the
first Musharika issue; the other issues have been Ijara.
The Islamic bond market - the Sukuk market - represents a key component of
the Islamic financial system. This recent decade has seenitiie accelerated
development of this market and its significant role in strengthening the
evolution of Islamic finance. The global development of this market is
particularly important in this more challenging financial and economic
environment. It has contributed to enhancing the effectiveness and efficiency
of the mobilization and allocation of funds within national financial systems
and in the international financial system. This development is also evidenced
by the level of innovation and sophistication of the products and services
being offered by the Islamic financial institutions. The encouraging
development of the Islamic bonds market has also had an important role in
enhancing the linkages between financial markets as it facilitates cross-border
flows in the international financial system.
Global experience has shown that the lack of well developed bond markets
brings with it over-reliance on financing from the banking sector. This has
often resulted in funding mismatches with adverse implications for financial
stability. Development of the bond market allows access to funding with the
appropriate maturities, thus avoiding the funding mismatches. It also allows
diversification of risks by issuers and investors.
The main merit of the Sukuk structure is that it is based on real underlying
assets. The Ijarah Sukuk, for example, is an Islamic bond which applies a
sales and leaseback arrangement, and thus it is an asset-backed instrument
providing continuous security for the investor.
In addition, Islamic finance requires that the financing must be channeled into
productive purposes, such as for project financing, rather than for speculative
activities.
In the current environment, the demand for Sukuk significantly exceeds the
supply. Today, the global Sukuk market, denominated in international
currencies, is estimated to be USD18 billion. If domestic Sukuk issuance is
included, it has now exceeded USD50 billion. Although the size of the market
may seem modest by global standards, the Sukuk market has been
registering an impressive average growth of 40 percent per annum. This
phenomenal demand has been spurred by the high levels of surplus savings
and reserves in Asia and Gulf regions.
The Sukuk market brings with it many benefits to both issuers and investors:
• Issuers can benefit from the huge increase in liquidity in the Islamic world,
and can tap into these new sources of funds.
• Raising funding from the Islamic bond market in the current environment
has been 10 to 20 basis points lower than mainstream bonds.
The Malaysian Islamic bond market has made significant progress ぐ. the
first Sukuk issue in 1990 by a multinational corporation opera " in
Malaysia. For the development of its market, the requirements ars:
These initiatives have been reinforced by the legal and Shariah ftamework
and the supporting financial inftastructure, including the settlement and bond
informatkm system.
2. Modarba
• The terms and conditions and amounts of the Modarba to be floated and
the division thereof into Modarba Certificates of fixed amount;
Business of Modarba
The Registrar, after obtaining from the Religious Board a certificate to the
effect that the proposed Modarba business is not opposed to the principles of
Islam, and on being satisfied that it is in the public interest so to do,grant a
certificate in the prescribed form authorizing the floatation of Modarba on such
conditions as he may deem fit,including conditions as to the business to be
undertaken, expenses relating to the management of the Modarba Fund,
preservation of assets and other matters relating to the mode of management
and distribution of profits. Before issuing the certificate of authorization, the
Registrar may require the Modarba Company to make such modifications,
additions or omissions in the prospectus as the Religious Board may have
indicated or as he may deem fit.
From 2004 up to 2007 the aggregate asset base of the Modarba companies
was increasing at an average rate of 20 percent per annum, but in 2008 ,
due to political change, it grew by only 12.4 percent. The relative size of each
Modarba company in terms of shares in total assets and total equity clearly
indicates that the Modarba sector has suffered from widespread breakup in
the form of a large number of small and weak entities, with limited market
share. Due to the excellent performance of some major market players, key
performance indicators have shown some sign of improvement from 2009
onward.
3. Municipal Bond
• Municipal bonds are considered different from other types of bonds their
special ability to provide tax-exempt income.
4. Corporate Bond
A Public Limited Company is eligible to offer TFCs to the general public under
section 57 [read with] section 120 of the Companies Ordinance 1984. The
entity as well as the instrument should have a minimum credit rating grade of
Triple B Minus (BBB-) assigned by a credit rating agency registered with the
SECP.
Category of Application
For Rs. 5,000/- 25% of the public offer, Minimum Rs. 50
million.
For Rs. 25,000/-
For Rs. 50,000/- The balance should be equally allocated to
each category.
For and in multiple of Rs. 100,000
Characteristics of TFCs
,
• TFCs are also an essential complement to risk-free lower-yielding
government bonds such as PIBs.
• TFCs can be issued both as a fixed or floating rate instrument and may
have a call or put option. A TFC must be rated before issuance.
• The rating reflects the credit risk of the TFC, i.e. the issuer’s ability and
commitment to repay scheduled TFC payments.
• Like bonds, TFCs are structured to provide regular income in the form of
coupons.
• TFCs are exempt from Capital gains tax. However, coupon payments are
subject to income tax.
• Redeemable capital.
In our everyday business, consumer loans are a good example of ABS which
is presently the largest asset class within the asset-backed securities market
in America and Europe and constitute a major part of consumer loans in
Pakistan. In America and Europe, student loans, credit cards, equity and auto
loans, etc. are all obtained through asset-backed securities. Students can
finish their studies, and clear the loans with the salary they earn.
Common Stock
Preferred Stock
This kind of stock can also be called preference shares, because these
shares possess special rights both in profit and equity. Preferred stock does
not carry voting rights, but carry priority for payment of dividend and upon
liquidation over common stock, i.e. ordinary shares. These shares have
some rights that are preferential to common shares, but their position on
other matters is also limited.
Chapter 1:Yields
Discuss the importance of interest rates in the financial
system of a country
Describe the properties (functions/features) and pricing
methodologies of financial assets
Discuss the level and structure of interest rates and their
impact on the overall economy
List and discuss the forces determining rates in an economy
and how these forces can be controlled in order to achieve
the desired outcomes
Define Term structure - the yield curve - and discuss its
significance in the functioning of an economy
Define what is meant by spot rates and forward rates, and
how these impact on the actions of financial system players
Discuss the concept, impact and significance of local
benchmark rates such as KIBOR, t-bill rates on the local
financial system
Discuss the concept, impact and significance of international
benchmark rates such as LIBOR rates on the local financial
system
PartFive
Yields
Chapter 1 Yields
Learning Outcome By the end of this chapter you should be able to:
■ Discuss the importance of interest rates in the financial
system of a country
■ Describe the properties (functions/features) and pricing
methodologies of financial assets
■ Discuss the level and structure of interest rates and their impact on
the overall economy
m List and discuss the forces determining rates in an
economy and how these forces can be controlled in order
to achieve the desired outcomes
■ Define Term structure - the yield curve - and discuss its significance in
the functioning of an economy
■ Define what is meant by spot rates and forward rates, and how these
impact on the actions of financial system players
■ Discuss the concept, impact and significance of local benchmark
rates such as KIBOR, t-bill rates on the local financial system
謹 Discuss the concept, impact and significance of international
benchmark rates such as LIBOR rates on the local financial
system
Importance of
Interest Rate in Interest is defined as the fee paid as compensation by the borrower to the
the financial lender for the use of funds. Interest is the profit that is paid to customers by
system of a the financial services over due time on financial instruments. All banks and
country many customers are involved in the act of borrowing and lending money. The
lender wants to get the highest return for his lending, whereas the borrower makes an effort to obtain
funds at the lowest possible cost.
In past years short-term interest rates have generally shown mixed trends. In
both US and UK the rate has been in decline since December 2007. On the
other hand, the rate in the Euro zone and some advanced economies was
increasing at a faster pace. Among the emerging market economies, the rate
witnessed a mixed trend, while in Pakistan the interest rate showed a rising
trend.
Interest has a vital role in the financial system. Financial systems are the link
between borrowers and lenders. The functions of financial systems directly
affect the economic growth of a country. Financing cost (interest) is a crucial
factor in companies,decisions to undertake an investment project. If the
financing cost is high, i.e. the real interest rate is high, then it will reduce the
profitability of an investment project and therefore reduce the chances of the
project being undertaken. There will be a standstill on new projects, resulting
in a decline in production, fewer market activities and fewer job opportunities,
and lower revenue collection by the tax authorities.
Interest rates directly affect spending and saving. A high interest rate
environment discourages borrowing of money. A customer may decide to
hold off the purchasing of a new home until interest rates go down. Higher
interest rates encourage saving, and customers are more inclined to invest
when they receive good profits if higher rates are being offered on term
deposits.
The difference between what the bank pays to depositors in the form of profit
and the amount it charges as a fee on loans/ advances is the "spread”. The
State Bank of Pakistan, which,as the central bank of Pakistan, sets
monetary policy, has a direct influence on interest rates across the country.
Interest rates are adjusted through the T-bills rate, on the basis of which
banks charge interest (KIBOR) to one another in the overnight market. When
the SBP signals the increase of the T-bill rate, it raises the interest rates in the
lcerb[what is this?] market, which gradually filters down through the entire
banking system. Banks and other lending institutions increase interest rates
following the directions of the new policy. This phenomenon is known as
tightening of the economy. When the SBP lowers the T-bills rate, thereby
reducing interest rates, then KIBOR reduces, and financial institutions also
reduce their interest rates on loans/ lending. When the central bank eases its
monetary policy,it motivates the economy.
Risks
The change in interest rate affects all financial obligations and agreements. It
puts investors at risk since an investments value will change due to a change
in the absolute level of interest rates.
119
Interest rate fluctuations affect prices of asset classes. The three main asset
classes are equities (stocks), flxed-income (bonds) and cash equivalents
(money market instruments).
The most significant theme of classical economics is that supply will equal
demand if the market is allowed to operate freely. Supply and demand are
kept in balance by adjusting the price of the good being traded. Well known
classical economists include Adam Smith, David Ricardo and John Stuart
Mill. In the classical theory, interest rates are determined by the interaction
between savings and investment.
The classical theory argues that the rate of interest is determined by two
forces:
,
• The supply of savings derived mainly from households
• The demand for investment capital, coming mainly from the business
sector
This theory was proposed by Keynes in 1936. The theory is also known as
Cash Balances Theory. He stated that the rate of interest is really a payment
for the use of a scarce resource, i.e. money. Interest rates are the price that
must be paid to persuade money holders to surrender a perfectly liquid asset
(cash and bank balance) and hold other assets that carry more risk.
Nominal interest rate is laid down in contracts between involved parties. The
nominal interest rate is simply the interest rate stated on the loan or
investment agreement.
Real interest rates adjust the nominal rates to take inflation into account. For
instance if inflation is 10% and the nominal interest rate is 15%,then the real
interest rate will be 15% -10% = 5%.
• Stock exchange index will fall as investors will prefer to earn better profit.
• The rise in the cost of running a business will cause a decline in a firm?s
profits.
Changes in interest rates occur for both internal and external reasons.
Different types of interest rates are linked,therefore they influence each
other. Economic development and business activities, credit potential as well
as money supply play an important role in changes in interest rate.
The main factors that determine interest rates are given below:
:
• Interbank Rate An increase in money offered in the interbank market
by the central bank is favorable to a fall in the interbank rate,upon which
many contracts are based.
:
• Demand of loans Demand of loans by market forces is an alternative to
Treasury bills. There are situations in which the interest rate policy is entirely
in the hands of the Treasury.
• Anmain
The factors thatpolicy
anti-inflationary causeofanthe
increase
central inbank,
interest raton restricti to the
based
growth of the money supply and on a rising discount inte rate.
• The central bank policy for covering government deficit by issuing more
bonds in a tight money market.
• Any increase in other interest rates, and also foreign rates rising for
whatever reason.
Money loses purchasing power during inflationary periods since each unit of
currency buys progressively fewer goods. For example, the overall price level
increased by 3% during the past 12 months. Elf a family spent
,
Rs.30 000.00 during the first month for all household expenses,then they
must budget Rs.30900.00 for the last month for exactly the same quantity of
goods and services.
Long-term inflation occurs when the money supply grows at a faster rate than
the output of goods and services. This is often described as fftoo much
money chasing too few goods." Government intervention is required to
control the high level of unpredictable inflation since this can severely disturb
the economy.
The tools which are available to control inflation include:
Monetary policy
Fiscal policy
Fiscal policy is the means by which a government adjusts its levels of
spending in order to monitor and influence a nation,s economy.
Such policies affect tax rates, interest rates and government spending, in an
effort to control the economy.
Exchange rates are the basic factor that affects the nation’s trading
relationships with other nations. A high-value currency makes a
countryfsEexports more expensive and imports cheaper in foreign markets,
while a low-value currency makes a country's exports cheaper and its imports
more expensive in foreign markets. A higher exchange rate can be expected
to lower the country’s balance of trade, while a lower exchange rate would
increase it.
A country with a consistently lower rate of inflation will have a high- value
currency and its purchasing power will be greater as compared to other
currencies.
Interest rates,inflation and exchange rates are all interrelated. The
bank changes interest rates and puts pressure on inflation and exc
rates, and the change in interest rates impacts on inflation and cu
values. Higher interest rates attract foreign capital and cause the exc
rate to rise, whereas the opposite relationship exists for decreasing in
rates - that is, lower interest rates tend to decrease exchange
Differentials
Current in Interest
Account Rates
Deficits
The current account of a country is the balance of trade between trading
partners. A deficit in the current account shows the conntiy spending more
on foreign trade than it is earning, and that it is bo] capital from foreign
sources to make up the deficit. In other words, country requires more
foreign currency than it receives through sales goods and services. The
excess demand for foreign currency lowers country’s exchange rate.
Public Debt
Countries use large-scale deficit financing to pay for public sector prof and
government funding to stimulate the domestic economy,but nation] with
large public deficits and debts are less attractive to foreign investonL A large
debt encourages inflation, and if inflation is high, the debt will be serviced and
ultimately paid off with cheaper real money in thr future. A government may
print money to pay part of a large debt, bm increasing the money supply
inevitably causes inflation* If a government is not able to service its deficit by
selling domestic bonds then it must lower the price of securities for sale to
foreigners.
Terms of Trade
The ‘terms of trade’ is the ratio of a nation’s export prices to its import prices. It
is used to measure the country’s trading position related to current accounts
and the balance of payments. If the price of a countr/s exports rises by a
greater rate than that of its imports, its terms of trade have a favorable trend
and vice versa. Increased ‘terms of trade’ shows greater demand for the
country’s exports. This, in turn, results in rising revenues from
exports,increased demand for the country、currency and an increase in the
currency’s value. If the price of exports rises by a smaller rate than that of its
imports, the currency’s value will decrease in relation to its trading partners.
Political Stability and Economic Performance
Foreign investors want to make investments in countries with strong
economic performance. Political instability causes a loss of confidence in a
currency and a movement of capital to countries with stable economies.
Types of Rates
Banks are the classic lending institutions and they finance their credit activity
in various ways.
,
• Borrowing money from the central bank at an interest rate for refinancing
operations.
At international level the interest rate for the public is determined with
reference to LIBOR, e.g. n1.5% more than LIBOR11. In Pakistan, local
currency financing is set at 3% above KIBOR, or a fixed interest rate with
periodical review. The interest rate for companies is decided in keeping with a
company’s financial status. A financially sound company with strong
credentials might be charged a lower interest rate compared to the rate the
same bank will charge new and less established customers in order to
reduce the high risk. Depositors receive interest on their bank accounts;
usually higher if they block money for a certain period such as for a fixed
term, and lower if it is a savings account.
Exchange rates are determined by a number of factors already discussed
above.
The term structure of interest rates is the change in interest rates with time;
usually the interest rates increase with time. For example, a government
bond which has the maturity time of 10 years will have a different YTM (yield
to maturity) from the one which has only one year from maturity. The ’term
structure,when explained as a graph, is called the ’yield curve,.
It is normal for interest rates to increase with the length of the period; if a zero
coupon bond has a longer period till maturity, then it will have a higher rate of
return on it. When the ’term structure’ shows this behaviour, the yield curve
shows an upward slope. A downward sloping yield curve is called an inverted
yield curve. The yield curve shows the relation between the interest rate, i.e.
cost of borrowing, and the maturity of the debt for a given borrower in a given
currency.
The yield curve slopes upward for several reasons. The most important factor
is liquidity preference, that is, investors need a return for the potentially lower
liquidity of long-term bonds. The other factor is greater exposure to interest
rate risk and inflation risk for a longer duration investment. Inflation and
interest rates move together, so the risks are linked.
125
The yields on long-term bonds are arithmetical averages of p
expected future rates. An upward sloping curve shows that future
short rates will be higher than the current rate. A d sloping yield
curve shows that expected future rates will be 1 the current rate.
This theory states that yields on long-term period bonds are gr the
expected return from rollover of short-term bonds in or compensate
investors in long-term bonds for bearing interest The theory is
explained in the following table and yield
PIB Rates
Year Rate
5 13.77
7 14.09
10 14.18
15 14.57
20 14.94
Rate
5
6
8
1
46
4
44
4
12
3
4
3
8
1 1
rH
1 1 1
The SBP attempts to achieve its macroeconomic goals by using mainly three
tools, called monetary instruments:
Open market operations, the most frequently used and most effective tool
among the three, are buying and selling of government securities, mainly
Treasury bills and Pakistan investment bonds (PIBs) in an open market to
change the amount of excess reserves held by depository institutions. The
excess reserves are the actual reserves over the legally required amount.
Financial institutions change their loan behavior depending on the excess
reserves held: increasing loan activities when more excess reserves become
available and reducing loans when excess reserves become exhausted.
Financial institutions have an incentive to
loan out as much excess reserves as possible to maximize their • for
money left idle in their vault does not generate income. When with a
threat of recession as a result of a faltering demand in the eco the SBP
attempts to reinvigorate the economy by prescribing what economists
call an "easy money" policy. An easy money policy is an by the SBP to
make more money and credit available so that the cort using money,
the interest rate, becomes lower.
Lowering of short-term real interest rates (T-Bills rate), and even long-term
rates (PIB rate) can have a broad and deep impact throu; the economy.
Lower real interest rates in say, T-bills, affects KIBOR ^ stimulates business
investment by making more investment prof profitable, allowing for an
expansion of capacity and efficiency. Witia reduced cost of investment, more
machines and equipment will be new factories and warehouses built, and
additional stores and ap buildings opened. Businesses may also increase
production because oC lower cost of financing inventories. A fall in interest
rates thus investment and production.
Declining real interest rates also induce consumers to increase their purchase
of goods by making it cheaper to buy the goods on credit Consumers typically
buy automobiles, appliances, and home furnishings on credit. The impact of a
lower interest rate on the economy can be substantial, considering the fact
that consumer spending accounts for about two-thirds of the nation's total
expenditure.
Different types of interest rate are linked and influence each other, so that the
functioning of financial markets and international relationships account for a
good deal of interest rate fluctuations. International tendencies exert an
important influence on domestic conditions as well, since financial markets
are now global in scope and there is a growing co-operation among central
banks. The increase in benchmark interest rates did significantly impact
deposit growth, especially foreign currency deposits. If banks offer a higher
interest rate, then LIBOR-rated fresh deposits can be taken. On the other
hand, an interest rate change could also become a burden on our foreign
exchange reserve.
Concept of
credit rating
and risk
evaluation
Scope and significance of credit rating and risk evaluation and rating
agencies
Banks’ DFIs and other financial institutions issue debt securities, \v are traded
on the secondary market. They do this for various fun •• purposes, for
example:
• With the help of a credit rating, the credit worthiness of a fin institution can
be measured.
Credit ratings of financial institutions are useful for the following entities:^
The leading credit rating agencies which carry out credit ratings on financial
institutions include the following:
Credit rating agencies play a major role in the assessment of credit risk. Their
management of important data helps investors to make fast and informed
decisions.
The ratings represent the opinions of respective rating agencies and do not
represent investment advice. Furthermore, these rating do not reflect the views
of the State Bank of Pakistan.
There are two types of credit rating: short-term credit rating and longterm credit
rating, the details of which are given below:
These ratings indicate the lowest anticipation of credit risk. They are assigned
only in cases of very strong capacity for timely payment of financial
commitments. This capacity is highly unlikely to be adversely affected by
probable events.
These ratings indicate a very low anticipation of credit risk. The capacity of the
company being assessed is considered very strong for timely payment of
financial commitments. This capacity is not very vulnerable to likely events.
These ratings indicate a low expectation of credit risk. The capadf) timely
payment of financial commitments is considered strong. I capacity,
nevertheless, may be more vulnerable to changes in circumsia( or in
economic conditions than is the case for higher ratij
These ratings indicate that there is a possibility of credit risk devel particularly
as a result of adverse economic change over time; how business or financial
alternatives may be available to allow fin commitments to be met. Securities
rated in this category are not inv grade.
B +, B, B- Highly Speculative
These ratings indicate that significant credit risk is present, but a linv margin
of safety remains. Financial commitments are currently br met; however,
capacity for continued payment is dependent upon continued, favorable
business and economic environmec
Chapter 2
Learning Outcome By the end of this chapter you should be able to:
■ Discuss the role of the regulatory framework with respect
to the operations of credit rating firms
Regulatory The reputation of credit rating agencies was badly affected after the financial
framework crisis faced by America and some European countries. These agencies were
considered to have failed to, firstly, judge early enough in their credit ratings
the decline in market conditions, and secondly, adjust credit ratings before
the market crisis deteriorated. The rating agencies had given good ratings to
lower categories of financial products, and many investors complained that
they had lost billions of dollars by relying on these ratings. These agencies
are still operating and are popular in America and other parts of the world.
Now banks and DFIs have started their own evaluation of the risks of
financial products. A former head of compliance at Moody's has said that
banks' fears about taking on more responsibility are not baseless since
conducting due diligence on securities requires specialized knowledge. If
banks take on these responsibilities internally or contract with a third party, it
will be costlier than relying on the judgments of a credit rater.
Regulatory framework for the operations of credit rating firms The reliance on
credit rating agencies by global securities and banking is ever increasing.
Their ratings are used by investors, borrowers, and issuers of bonds and
securities. Some government agencies consult them in the process of
making investment and financing decisions. Credit ratings have a
considerable impact on the operation of the primary and secondary markets
by building trust and confidence among investors and consumers.
The ratings issued by the main international credit rating agencies as Fitch,
Moody’s,and Standard and Poor’s are the key factor afii an independent
country’s or a company’s access to capital markets, assessments of rating
agencies affect not only investment decisions in international securities and
loan markets, but also directly affect for ニ:investment and portfolio equity
flows. Generally, small and medi sized investors do not have the expertise to
evaluate a country risk as as a company risk. As such,they prefer to rely on
the assessments prov" by rating agencies. Having no rating, however,may
have wo consequences than having a low rating. Unrated countries are oft
believed by creditors to be more of a risk than countries which are I rated, on
the grounds that at least facts about a low-rated country aic available.
• While assigning risk rating, the ECAI should take into account all
features of credit quality and ensure that the ratings are assigned
into account all risk factors of the rated entity.
• All rating decisions should be made by the rating committee, by u "• the
ECAI’s established criteria and methodology.
• The ECAI should have a mechanism in place to review its proced- and
methodologies in order to adapt them to the changing enviro
External Conflict of Interest: The risk assessment process of the ECAI should
have the ability to withstand external pressure. The ECAI should demonstrate
that it is free from all sorts of external conflicts of interest.
Disclosure:
The ECAI should demonstrate that it allows access to information that enables
its stakeholders to decide about the appropriateness of risk assessments. The
purpose of this disclosure requirement is to promote transparency and introduce
market discipline.
• Code of conduct
• Definition of default
• Use of time horizons
• Rating definitions
• Assessment methodologies (any material changes in methodologies
should be disclosed as and when made)
• Actual default rates experienced in each assessment category
• Transition matrices
• Whether rating was solicited or unsolicited
• The date of last review and updating
Resources:
The ECAI should possess sufficient human and technical resources to carry out
high quality credit assessment.
Human resources: The assessment of human resources adequacy shall be
made on the basis of the technical expertise of the people carrying out risk
assessment and to the extent the ECAI can extend ongoing contact with the
management of entities that are rated.
Technical resources:
The ECAI is expected to have in place quantitative techniques and models that
can process and analyze large quantities of data.
Chapter 4
Learning Outcome By the end of this chapter you should be able to:
_ List some of the credit rating methodologies available for
assessing various different instruments
Credit rating The rating methodologies of any money market or capital market instrument
methodologies consist of analyzing the operational and financial standing of the issuer.
available for Whenever we take any social or financial decision we consider the
assessing various reputation, proven credentials, and financial standing of the other party.
different instruments Exactly the same applies when assessing any financial instrument and
considering factors such as management capabilities, financial risk
involvement, purpose, proven credentials of the issuer and political / market
conditions. For example, in a country like Pakistan,if we are assessing any
short- term instrument, then a favorable business and financial risk profile, as
well as political stability will make it much easier for the issuer to fulfill its short-
term commitments.
The same principles are also applicable to long-term instruments but with
some additional factors. These include:
An issuer default rating focuses solely on the likelihood of the rated entity
meeting its commitments on time according to the terms of the instrument A
recovery rating highlights the final recovery that the holder of a specific
instrument is expected to receive in the event that the instrument faces a
payment default.
Rating Methodologies for Various Instruments 14
1
An instrument rating which is actually related to the specific ’ determines
the two features of credit: (a) default risk and (b) recovery in the event of
default.
These two elements of credit - the likelihood of default and the natmd of that
default if it happens - are both essential features of the ndd management
system of any financial institution or investcjt
Chapter 5
Learning Outcome By the end of this chapter you should be able to:
Importance of Risk Risk assessment is very necessary before taking any decision, either social or
Evaluation financial. The basic purpose of any investment is to get the best possible return
over the time of the investment. Risk assessment is the determination of the
quantitative or qualitative value of risk related to the investment. Quantitative risk
assessment requires calculation of two components or risk, i.e. the magnitude
of the potential loss and the probability that the loss will occur. Our decision
should be based on an honest assessment of the risks and rewards of the
investment and also of the market and its stability, rather than our own hopes
and emotions. This is relevant when deciding both what and how much to
invest. This assessment is made in both the cases from investment point of
view and credit point of view.
The outcome of the feasibility study is a risk evaluation report provides the
user with guidance, and ensures that all of the ir elements of risk assessment
are adequately covered. It can also be as an exercise that involves
documenting each of the potential to a particular business problem or
opportunity. Such studies cam undertaken by any type of business, project or
team.
The various benefits investors derive from credit ratings and risk ev
reports
Size of loan. Bankers prefer large loans because the administrative costs
decrease proportionately to the size of the loan. Lenders must have adequate
resources to entertain large loan applications. In addition, the borrower must
have the capacity to consume a large sum of money.
Period of loan. Bankers take additional risk as the time period increases. To
cover the risk, lenders charge higher interest rates for longer term loans.
:
increased credibility Companies rated by rating agencies can achieve more
credibility in domestic and international markets by providing the bank,
customers and business associates with credible information about the
company. This increases their confidence in the company and helps in
increasing business and building better relationships.
Detailed assessment; The rated company receives a rating report from the
rating agency that includes comprehensive details about the companyfs
performance, as well as its strengths and weaknesses. This rating report can
also be used by the company for other beneficial purposes. In addition, the
rating report also serves as a guide to focus on areas of improvement and
enables the enterprise to benchmark against competition.
:
Publicity Names of the companies rated are listed on the websites of the
rating agencies and in their brochures. This serves as a good source of
publicity for the rated institutions and farther enhances their credibility. Banks,
financial institutions and foreign counterparties can use the websites of rating
agencies to identify and research companies in greater detail.
Part 7: Financial Systems and Policies
Chapter 1
Learning Outcome By the end of this chapter you should be able to: ■ Discuss
the major functions of financiai policy in a developing country
■ Discuss how the role of financial policy differs in a developing
and a developed country
Major Functions Successful development is not just the growth of productivity and per capita
of Financial GDP, but also ensuring that the pattern of growth is inclusive, delivers broad-
Policy based improvement in the quality of life, and contributes to human
development. This becomes even more important for a developing country.
Financial policies that apply to and take account of the specific features and
role of individual sectors, must tailor those policies to achieve the objectives of
both growth and human development.
Financial policies include both monetary policy in the conventional sense and
other policies affecting banks and other financial intermediaries. Acquiring
information and making transactions create incentives for the emergence of
financial markets and insti tutions. Financial sy stems therefore serve one
primary function: they facilitate the allocation of resources, across space and
time, in an uncertain environment, and thereby can control transaction and
information costs.
Financial policies are needed because financial markets are not like those for
other goods and services. A loan or an insurance contract is not a
Polici
Chapter 2 Outcome
Learning By the end of this chapter you should be able to:
■ Define the concept of financial intermediation
■ Discuss the factors hampering financial intermediation and
its impact on the operation of a financial system
borrowers
Learning Outcome
By the end of this chapter you should be able to: a Discuss
the concept of financial disintermediation
Financial Deepening
■ Define the concept of financial deepening
Financial deepening refers to the increased provision of financial senr with a wider choice of services
geared to all levels of society. The t also refers to the macro effects of
financial deepening on the 1 economy. Financial deepening generally means
an increased ratio money supply to GDP or some price index. It can also
refer to liqrf money. The more liquid money is available in an economy, the
morr opportunities exist for continued growth.
It can also play an important role in reducing risk and vulnerability for
disadvantaged groups, and increasing the ability of individuals anc
households to access basic services like health and education, thus having a
more direct impact on poverty reduction.
Financial Disintermediation
Disintermediation is the removal of intermediaries from a process, supply chain or market. The
emergence of disintermediation is the natural course of free markets seeking the lowest cost overall
and the most efficient use of resources. Financial disintermediation means withdrawal of funds from
intermediary financial institutions. This situation exists when depositors withdraw their savings from
financial institutions and invest the money directly in the market place. This is done usually because
they can obtain a higher yield even though also running a higher risk of losing their money.
Shallow Finance
Lack of or stagnant growth of output of any country is often caused by "shallow finance". A shallow
financial depth (FD) means that the range of financial assets for that country is narrow. It is a scenario
that goes far in explaining why some developing countries have low or negative per capita growth rates.
Under shallow finance, the real interest rate can be low or negative which discourages
investment; governments have inadvertently adopted shallow finance by capping interest rates
to encourage investment; however, capping the nominal interest rate will discourage saving
(especially if there is inflation, which reduces the real interest rate); as a result, there is a both a shortage
of investment funds and a misallocation of available investment funds.
In comparison,under deep finance, the real interest rate is positive, more funds are channeled through
intermediaries, the signs of improvement are more positive, resources are better allocated and choice
of technique is more efficient.
Financial Repression
Financial repression is a term used to describe several measures which governments employ to
channel funds to themselves which, in a deregulated market, would go elsewhere. Financial repression
can be particularly effective at liquidating debt.
1. Explicit or indirect capping or control over interest rates, such as government debt and deposit
rates.
2. Government ownership or control of domestic banks and financial institutions while placing barriers to
entry before other institutions seeking to enter the market.
3. Creation or maintenance of a captive domestic market for government debt achieved by requiring
domestic banks to hold government debt via reserve requirements, or by prohibiting or by removing
any incentives of alternative options that institutions might otherwise prefer.
4. Government restrictions on the transfer of assets abroad through the imposition of capital controls.
These measures allow governments to issue debt at lower interest rates than would otherwise be
possible. A low nominal interest rate can help governments reduce debt servicing costs, while a high
incidence of negative real interest rates liquidates or erodes the real value of government debt Thus,
financial repression is most successful in liquidating debts when accompanied by a steady dose of
inflation, and it can be considered a form of taxation.
Giovannini and de Melo (1993) calculated the size of the financial repression tax for a 24 emerging
market country sample from 1974-1987. Their results showed that financial repression exceeded 2% of
GDP for seven countries, and greater than 3% for five countries. For five countries (India, Mexico,
Pakistan, Sri Lanka, and Zimbabwe) it represented approximately 20% of tax revenue. In the case of
Mexico, financial repression was 6% of GDP, or 40% of tax revenue.
Part 8: Financial Sector Reforms
Learning Outcome By the end of this chapter you should be able to:
The reform of the financial sector in Pakistan should be examined in a macroeconomic context,
against the backdrop of the overall strategy of reforms implemented during the last decade and
the strengthening of the Central Bank’s capacity to regulate and supervise the financial sector.
It was only when the macroeconomic situation took a turn for the better that structural reforms
were vigorously pursued and the State Bank of Pakistan achieved autonomy and competence
that the financial sector began to show some demonstrable results. Without these pre-
requisites in place,it is hard to imagine whether any meaningful progress could have been
possible. Banking sector reforms cannot be successfully implemented and sustained in the
absence of a favorable and stable macroeconomic environment. Pakistan’s track record in
macroeconomic management and governance during the 1990s was dismal.
A strong regulatory and supervisory system is extremely vital to cope with financial crises and
promotes the efficient functioning of financial markets. Therefore the challenge is to formulate
an appropriate regulatory framework that enables the banking system to be more resilient to
insolvency. In addition, timing, sequencing and speed of restructuring measures are very
important.
Financial sector reform usually refers to two distinct but complementary types of change that
are needed in order to establish a modern financial system capable of acting as the ’’brain of
the economy” and allocating the economy’s savings in the most productive way among
different potential investments. First is the liberalization of the sector: putting the private sector
rather than the government in charge of determining who gets credit and at what price.
Second, establishing a system of prudential supervision designed to restrain the private actors
so that we can be
Learning Outcome By the end of this chapter you should be able to:
鐵 Define what is meant by deregulation and liberalization of
the financial sector 級 Discuss the concept of and rationale
behind deregulation and liberalization of the financial sector
Consider next the rationale for free entry into the banking sector, is very
similar to the rationale for free entry into any other sector- threat of actual
or potential competition keeps the interest spread and disciplines banks
into operating efficiently, and eliminates any that are not capable of
keeping up with current standards of effici The entry of foreign banks can
bring modem techniques into the in&
Free entry avoids political favoritism being used to award rents to fri However,
there is also a serious intellectual case against free entry, W " stems from the
notion that a substantial positive franchise value ind self-discipline in lending.
The argument is that a bank that does not a stake in being able to continue to
lend in the future will have incentive to make risky loans, taking gambles that will
yield it big if things turn out right but impose big losses on others (the govern or
depositors, depending on whether bank deposits are effectively guaranteed or
not) if things go wrong. But if it knows that it can expect to earn a stream of
quasi-rents from its reputational capital in the future it will not risk its reputation.
Prudence may thus suggest maintaining a balance between the benefits and
the costs of early action to permit free entry.
Bank Autonomy
The case for bank autonomy is straightforward. One cannot expect bankers
who are not allowed to manage their own banks by deciding whom to appoint,
and how much it is necessary to pay to motivate and retain good staff,to take
responsibility for the outcome of their operations. One wants
In some countries, this monitoring is done in an arms’ length way. A bank is able
to observe the cash flow of its borrowers, and can threaten not to renew loans
falling due if they see a borrower’s financial position weakening. This pressures
the borrower into cutting back its activities. In Germany and Japan, in contrast,
banks play an active role in the corporate governance of their major borrowers,
with bankers often sitting on company boards,thus permitting them to play a
direct role in steering the policies of their borrowers in a way that will ensure they
can maintain debt service. The relative virtues of these two approaches remains
an unresolved issue, but some economists who believe that the Anglo-Saxon
model is the most suitable one for advanced countries also believe that the
German-Japanese model is preferable for countries where financial talent is
spread thinly and hence most effectively deployed by placing qualified bankers
on a number of company boards.
These measures are meant to maintain stability of the financial system so that
the overall economy of the country can be stabilized. One of the fears voiced by
early critics of financial liberalization was that, in the absence of the right to
decree credit ceilings, the central bank would have no effective policy tool with
which to limit bank lending, resulting in a loss of monetary control and hence
macroeconomic instability. These fears have not been realized in most
countries that have liberalized their financial system. On the contrary, most
countries have found that after a rather short space of time they were able to
utilize indirect methods of monetary control (i.e. open-market operations,
management of an official discount rate,and perhaps variations in reserve
requirements) to maintain more sensitive monetary control than had proved
possible with the old direct methods,in which bankers so often had an interest
in circumventing their orders.
Prudent Supervision
Banks cannot be allowed a free hand in maximizing profits. One reason stems
from the unusual balance sheet of banks, coupled with the problem of
asymmetric information. Because banks have a high debt/equity ratio, a
relatively small loss of debt service can push a bank into a position of possible
insolvency (negative net worth). Unless the bank has a high franchise value
stemming from an expectation of being able to make a stream of profitable
loans in the future, this creates an incentive for a
Consider next the rationale for free entry into the banking is very similar
to the rationale for free entry into any other threat of actual or potential
competition keeps the interest ベ and disciplines banks into operating
efficiently, and eliminates that are not capable of keeping up with current
standards of The entry of foreign banks can bring modem techniques
into the'
Free entry avoids political favoritism being used to award rents to However,
there is also a serious intellectual case against free entrj; stems from the
notion that a substantial positive franchise value 雄 self-discipline in lending.
The argument is that a bank that does a stake in being able to continue to
lend in the future will incentive to make risky loans, taking gambles that will
yield it big if things turn out right but impose bigjosses on others (the gov< or
depositors, depending on whether bank deposits are effc guaranteed or not)
if things go wrong. But if it knows that it can to earn a stream of quasi-rents
from its reputational capital in the fi it will not risk its reputation. Prudence may
,
thus suggest mainta—ip balance between the benefits and the costs of
early action to permit す」 entry.
Bank Autonomy
The case for bank autonomy is straightforward. One cannot expect bankers
who are not allowed to manage their own banks by deciding whom to appoint,
and how much it is necessary to pay to motivate and retain good staf,to take
responsibility for the outcome of their operations. One wants
A second reason why supervision is needed is that private bankers would often
be tempted to lend to themselves or their friends in the absence of any restraint,
and again usually nobody would be any the wiser until it was too late, because
of asymmetric information. Such "looting” (lending to oneself or onefs friends
without a reasonable expectation of repayment) can arise for several reasons.
At the crudest, it may reflect an inability on the part of the banker to distinguish
between funds entrusted to him as deposits and his own personal property, but
it need not be that crude. It may happen because other enterprises in which the
banker happens to have an equity stake are running into hard times,and the
only hope he can see of saving them is to extend credit from his bank (this was
an important factor in Argentina during their first liberalization attempt in 1978-
82). Or it may result from a very human tendency to be over- optimistic about
the probability that one’s own investment projects, or those of onefs friends, will
turn out well. Whatever the reason, experience has shown that banks are all too
likely to be subject to looting in the absence of supervision.
A supervisor can help avoid such situations arising in several ways. First, he
may know more about the bank's situation than outsiders can normally be
expected to know,which may enable him either to restrain the bank from
,
making additional risky loans, or restrain it from paying dividends or even to
force it into making only specially safe loans (e.g. lending only to the
government), when its net worth deteriorates. (This is known as requiring
)
’’prompt corrective action”. Second,he can require the bank to maintain a
prescribed level of capital relative to its loans (such as the Basel minimum 8%
capital adequacy standard), which means that there is an equity cushion before
gambling for redemption becomes a rational policy choice,and again require
prompt corrective action if capital falls below that level. In order to police whether
a bank is maintaining adequate capital,a supervisor will want to satisfy itself that
the bank is using appropriate accounting standards. Third, the supervisor may
require the publication of certain information in order to increase transparency
and diminish the information asymmetry. Fourth, he will limit the amount of
insider lending that is permitted, and will conduct spot checks on the books of
the banks in an attempt to ensure that those rules are observed. A bank with a
positive franchise value will find it in its own interest to
Most often the task of supervision is assigned to the central bank, would seem to
have some advantage in this role,akin to that commercial banks have in
monitoring borrowers. That is, the bank has daily knowledge of the credits and
debits of each bank, hence may be in a position to get some early warning when
thi starting to go wrong. But several countries have in recent years the task of
bank supervision to a distinct specialized agency, which that there is no
overwhelming reason why this function needs to with the central bank if there is
some important institutional pointing in the opposite direction.
The central bank also has a key role in forestalling one other pro that can arise in
a private banking system. Because the liabilities of are much more liquid than
most of their assets, especially loans to private sector, a bank can experience a
run if lenders come to doubt ability of the bank to continue honoring its obligation
to pay de on demand. If those suspicions arise because the bank,s solvency is y
then the central bank has a difficult decision as to whether it should out the bank
or not. But if the run reflects simply liquidity pressure^ then the classic response
is for the central bank to act as lender of last resort, lending freely (though at a
penal interest rate). It is important to have a central bank able to play this role if
the banks are to feel secure in their role of maturity transformation.
Reforms
Chapter 3
_ Define the concept of integrating a country's financial system
with the global financial sector
The world has become a global ”village” and no country can progress
independently without becoming involved in and affected by the international
"community”• Economies of countries are now so interdependent that a good or
bad market situation in one country affects the financial sector of others.
Financial globalization means that the domestic financial system of one country
is very much linked into global financial markets and institutions. The degree of
connectedness of financial markets around the world has increased
considerably during the past three decades. A key factor underlying this
process has been the increased globalization of investments seeking higher
rates of return, although this also means an increased exposure to risk globally.
Therefore, from one perspective gloDaiization is advantageous but from
another it can be seen as having some negative impacts. The impact of the
failure of Lehman Brothers in America,for example, had a significant
disastrous effect on a number or large banks in Europe and Asia. It is said that
Lehman Brothers’ bankruptcy played a major role in the escalation of the global
financial crisis in 2008.
Pakistan
Advantages
The arguments for supporting financial openness are summarised in
following four main points:
Risk diversification
With access to world capital markets, risk can be shared, allowing the
country to borrow during a recession or crises and lend surplus funds
in fgoodT times. Through financial integration, goods of basic needs
can be shipped to the places where these are required, and thus
contribute to domestic households' consumption, and increase
welfare.
Inflow of capital
Countries which follow more closely controlled macroeconomic policies have the
means to increase efficiency and economic stability which can also lead to
higher rates of economic growth. An open economy where there is less
restriction on capital inflow and outflow may also encourage macroeconomic
and financial stability, ensuring a more efficient allocation of resources and
higher rates of economic growth.
Disadvantages
In addition to the potential benefits just discussed, open financial markets can
also have significant negative impacts.
Furthermore, in countries where the financial system is weak, i.e. banks with low
net worth and a low ratio of capital to risk-adjusted assets, direct or indirect
intermediation of large amounts of funds by the banking system may aggravate
the moral problems associated with the business.
Learning Outcome By the end of this chapter you should be able to:
« Define the concept behind privatization of the banking sector
« Discuss the changes this action brought about in the overall
dynamics of Pakistani financial and economic arena
The govemmenfs effective role in regulating and monitoring the market has to be strengthened to
promote healthy competition and avoid the rigging of the market by a few. Markets are the best
known vehicle for efficient allocation and utilization of resources and thus the decisions as to which
goods and services to produce, and how much to produce. Distribution and trade can be handled
much better by the private sector and not left in the hands of the bureaucrats. This division and
redefinition is also essential to reduce corruption and generate sustained and equitable growth in the
country. Market-based competition, privatization of public banks and a strong regulator have
successfully reformed the banking sector in Pakistan during the last few years and this model should
be replicated elsewhere in the economy.
After the reforms in the banking sector,most of the indicators of bank performance have showed
significant improvements, evident in enhanced competition, mainly influenced by liberalization,
deregulation, and institutional strengthening measures. In particular, the deregulation of controls on
banking operations has instilled the zeal for competition in the banking sector.
38
5
ejqjeiises 7.7
30.8 30.8
8
7.7 15.4 . 308
见
3 hoptoved bad dd>t 订
8
portfolio 0. 0.0
46 0076 76
53.8
4 Increased profitability
2
0
.
00
11 Became moi^ 7.7 矽
614646
accountable 15 4 23.1
13
and trax
Io^roved
parent 0.0
5
钱
12 Updatedskills
professional technology in 7.7 15.4
23.1
2
30.8
govemaoce 0.0
2
0.0
I^actices 30.8 7.7
15 Nopolitiad 15.4 00
iofiuexice 7.7 7.7
16 No desual of 15.4 0.0 9
18 Operate
access under
to bank 11 ?.?
competimt
credit 7.7 0.0
17 Cr^litPIDE
ravircmment
[Source:
decisioas
Working Paper on Impact of Financial LiberalisationandDeregulation on Banking Sectorin Pakistan"]
38.5
based on
The banks are now operating in a relatively more competitive env' as a consequence of
financial liberalization, removal of qu controls/restrictions on bank operations, as well as
other compl measures. If compared with the pre-reform period, denial of bank credit has
also reduced significantly. However, this does not to equitable distribution of bank credit,
which is still more skewed manufacturing sectors, despite its relatively small share (16
per real GDP.
With regards to a reduction in the number of "bad” portfolios banks, it is noted that the
quality of portfolios has improved signi particularly after implementation of the BASEL
framework and relevant measures. The corporate governance of banks has also imr
significantly, largely due to the issuance of a code of conduct and guidelines concerning
good governance. Profitability of NCBs has noticeably improved following privatization
with the promulgation encouragement of a more competitive environment in the banking
s.
The privatization of banks has also resulted in less political interfe which has induced
improved performance in a competitive envirom This aspect is important as too much
intervention by the govern prior to the implementation of reforms, caused deterioration in
efficiency of nationalized banks. Reduction in administrative costs banking spread are the
two areas where banking sector reforms have impacted significantly.
The ownership structure of state-owned banks has changed significandy with amendments in
the Banks (Nationalization) Act, 1974 in 1991- Before privatization, the government held 100
percent asset shares of NCBs. As a corollary to this factor,the government was accustomed
to interfering in NCBs’ banking affairs in the pre-reform period. According to respondents, most
of the financial problems of NCBs were due to the state-controlled structure of banks. With the
implementation of the decision regarding the dilution of government equity in NCBs, the
government’s asset share in nationalized banks decreased from 100 percent in 1990 to less
than 50 percent in 2006.
Changes in the ownership structure of privatized banks impacted positively on their role and
areas of business and this in turn resulted in a positive effect on their performance overall.
Besides privatization, financial liberalization, institutional strengthening, and other
complementary measures also played a significant role in improving overall efficacy.
There was too much governmental interference in the operational affairs of
nationalized banks in the pre-reform period. The purpose of such intervention
was to divert the financial resources of nationalized banks towards the
achievement of the government's economic targets. Additionally, with the
change in the mechanisms of monetary and credit management, the
privatization of NCBs, the abolition of the Pakistan Banking Council, grant of
,
autonomy to the SBP in its operational decisions and the implementation of
the BASEL framework, banks' discretionary power to make lending decisions
has been substantially enhanced.
Habib Bank Limited (HBL) 2004 Aga Khan Fund for Economic Development
United Bank Limited (UBL) 2002 Abu Dhabi Group/Best way Group
http://www.iie.com/publications/papers/paper.cfm?ResearchID=355]
[Source-2: SBP Research Bulletin 一 Volume 2,Number 2, 2006 The 一
Effect of Privatization and Liberalization on Banking Sector Performance in
Pakistan by Umer Khalid [Research Dept, SBP],
http://www.sbp.org.pk/research/bulletin/2006/vol2num2/Privatization_
Liberalization_of_Banking_Sector_in_Pakistan.pdf]
[Source-3: Address by Mrlshrat Husain, Governor of the State Bank of
Pakistan, at the 11th Get Together of the Overseas Universities Alumni Club
and the 21st Century Business & Economics Club, Karachi,12 August 2005
http://www.bis.org/review/r050829c.pdf]
[Source-4: PIDE Working Paper on “Impact of Financial Liberalization and
Deregulation on Banking Sector in Pakistan ,,, ,
2010
www.pide.org.pk/pdf/Working%20Paper/WorkingPaper-64.pdf]
Learning Outcome By the end of this chapter you should be able to:
_ Discuss SBP's role in overall strengthening of
supervisory c with respect to the performance of the
financial system
The recent global financial meltdown has revealed a number of grey areas
relating to regulation and supervision of financial institutions. The Bank for
International Settlements (BIS) and supervisory authorities across the world
are in the process of introducing a number of reforms to ensure overall
financial stability. BIS has introduced minimum global standards for liquidity
risk and strengthening the resilience of the banking sector. The fully calibrated
set of standards is targeted to be implemented by end 2012.
Stress Testing
Framework
Anti-Money Laundering/ Countering the Financing of Te The Anti-Money
Laundering Ordinance was promulgated in 2007. later enacted as AML
Act 2010 after approval from the Par”
The Asia Pacific Group on Money Laundering (APG) conducted a
Evaluation of Pakistan in 2009 to assess the overall efficacy of the law
enforcement, and financial regulatory regime to counter a laundering and
terrorist financing in the country. The evaluation was adopted after
extensive deliberations in the annual meeting ofl body in July 2009.
State Bank has issued instructions to banks, including the supply of '
records to law enforcement agencies and taking action against a holders
who fail to furnish identity documents for establishing maintaining
business relationships with banks. New CNIC were dei and acquired from
all account holders and only three percent of accounts remained without
new CNIC as of February 2010. The ba industry was asked to resolve
such issues through mutual sugg< and consultations. To this end,
Compliance Forum meetings were oigan* to streamline the process of
actions under UNSC Resolutions, repoit: of STRs, installation and
development of monitoring software, and of bank staff.
_ Explain Microfinance
Innovations in Banking systems have been continually evolving over the past two centuries,
Banking and and what have come to be regarded as traditional banking activities and
Finance
channels have been gradually overtaken by new and innovative
developments, largely dictated by rapidly changing information and
communications technology and the globalization of financial markets. The
global perspective of banking and finance has changed enormously, and the
technological innovations have completely remodeled the "face” of banking.
The changing global needs of banking and finance have led to the
introduction of new, alternative channels by which banking services can be
delivered, such as branchless banking, mobile banking and internet banking.
Inter-bank fund transfers and related services are becoming the norm for
transactions in developed as well as developing countries. Pakistan has also
been at the forefront and has slowly accepted and implemented all such
channels.
These new channels create many benefits as well as some challenges for
the financial system of any country.
Branchless Banking
In addition, branchless banking can often help to save the bank This could
potentially lead to the bank offering better interest loans or charging less
fees on certain accounts, for example. AK this is of course not always the
case,many banks do find that appreciate the convenience of being able
to complete their business from any location. Small banks located in
grocery stores offices also have all the services of a branch bank, with the
exce " safe deposit boxes.
The best idea might be to do one’s banking business with a local that also
offers online banking services and convenient ATM locati This way, one
can visit the bank if necessary. Otherwise, one can still all of onefs banking
business as needed completely over the phone online.
Risk Mitigation
Risk mitigation has emerged as one of the biggest challenges for bankers
worldwide. With the advent of modern technology and the globalization of
financial markets, it has become very difficult to manage the risks attached to
the size and range of portfolios that banks currently undertake. This has led to
,
the high amount of leverage that banks have taken on which ultimately
results in bank meltdowns. The recent financial crisis of 2007-2009 is a clear
example of how banks were unable to handle or were simply ignorant about
their risk management needs.
Global initiatives, such as the Basel II Accord, were instigated, in part, to raise
awareness of the‘ need for better risk management. Basel II is the second of
the Basel Accords,which are recommendations on banking laws and
regulations issued by the Basel Committee on Banking Supervision. The
purpose of Basel II,which was initially published in June 2004, is to create
an international standard that banking regulators can use when creating
regulations about how much capital banks need to put aside to guard against
the serious financial and operational risks banks face. Advocates of Basel II
believe that such an international standard can help protect the international
financial system from the types of problems that might arise should a major
bank or a series of banks collapse.
Basel III
Basel III is a new global regulatory standard on bank capital adequacy and
liquidity agreed by the members of the Basel Committee on Banking
Supervision. The third of the Basel Accords was developed in response to the
deficiencies in financial regulation revealed by the global financial crisis. Basel
III strengthens bank capital requirements and introduces new regulatory
requirements on bank liquidity and bank leverage. Basel III proposes many
newer capital, leverage and liquidity standards to strengthen the regulation,
supervision and risk management of the banking sector. The capital
standards and new capital buffers will require banks to hold more capital and
higher quality of capital than under current Basel II rules. The new leverage
and liquidity ratios introduce a non-risk based measure to supplement the risk-
based minimum capital requirements and measures to ensure that adequate
funding is maintained in case of crisis.
Risk mitigation initiatives such as Basel II and Basel III are extremely
important for developing economies such as Pakistan. However, the banks
and financial institutions in Pakistan have not been able to meet these
standards as of mid-2011. The State Bank of Pakistan has set milestones
and deadlines for the implementation.
Minimum Common Equity Capital Ratio 3,5% 4.0% 4,5% 45% 4.5% 4-5% 4.5%
Minimum common equity plus capita! 3.5% 4.0% 45% 5.125% 5.75% 6375% 7.0%
conservation buffer
Phase-in of deductions from CET1 (including 2ft% 40% 60% 80% 100% 100%
amounts exceeding the fimit for DTAs, MSRsand
financials)
Minimum Tier 1 Capital 4.5% 5,5% 6.0% 6.0% 6.0% 6.0% 6.0%
Minimum Total Capital 8.0% 8,0% 8.0% 8.0% 8.0% 8.0% 8.0%
Minimum Total Capita! plus conservation buffer 8.0% 8*0% 8.0% 8.625% 9.25% 9*875% 10.5%
Capital instruments that no longer qualify as Phased out over 10 year horizon begmning 2013
non-core Tier 1 capital or Tier 2 capital
Interest-free financial institutions have been in existence for quite some time
now. By and large, nearly all interest-free banks concur on the indispensable
values of Islamic banking. Nonetheless, individually, all the banks differ in the
services and benefits they offer. These differences occur due to individual
country rules, needs of the inhabitants and the customized bank’s
experiences and objectives.
Islamic Banking
The concept of Islamic banking is also becoming widely popular in some non-
Islamic countries. The fundamental law that helps a person become debt-free
at the earliest opportunity can be called the most wonderful feature of Islamic
banks. Islamic banks operate by the rule that the lender must have a share of
the profits or the losses incurred by the borrower or the borrowing enterprise.
Thus the sharing of profits as well as losses is mandatory in an Islamic
banking system. The basic justification for this is that ’’Allah has permitted
trade and prohibited Riba,,,therefore the principles of Islamic finance are
based on prohibition of Riba and Gharar. While gain by the principal is not
prohibited, the deciding factors
Islamic banking was introduced in July, 1979 in the banking and financial
system of Pakistan. The government of Pakistan decided that only an Islamic
economic system could ensure a better standard of living. To ease the
introduction of interest-free banking, some necessary amendments were
made to the Banking laws in June, 1980 in Pakistan. Various companies
were then allowed to start business on the basis of an interest- free system.
An Islamic banking system without the use of interest (Riba) is very popular in
Pakistan, but there are still many people in business and among the general
public who do not yet know about the benefits of this interest-free banking
system.
Islamic banks and banking institutions that offer Islamic banking products and
services (IBS banks) were required to establish a Shariah Supervisory Board
(SSB) to advise them and to ensure that the operations and activities of the
banking institutions comply with Shariah principles. This has already been
established for the banks that currently work in Pakistan. On the other hand,
there are also those who believe that no form of banking that involves interest
payments can ever comply with the Shariah.
-
Avoidance of Riba (risk-free or guaranteed rate of return on loaned
money or investment)
- Avoidance of Gharar (exercise uncertainty in contracts)
- Avoidance of Exploitation
- Avoidance of Gambling (and Chance)
- Avoidance of Haram Transactions
Islamic Financial Transaction
Terminology Bai1 al 'inah (sale and buy-
back agreement)
Musharakah
The Mudarabah (Profit Sharing) is a contract, with one party providing 100
percent of the capital and the other party providing its specialist knowledge to
invest the capital and manage the investment project. Profits generated are
shared between the parties according to a pre-agreed ratio. Compared to
Musharaka, in a Mudaraba only the lender of the money has to take losses.
Murabahah
This concept refers to the sale of goods at a price, which includes a profit
margin agreed to by both parties. The purchase and selling price, other costs,
and the profit margin must be clearly stated at the time of the sale agreement.
The bank is compensated for the time value of its money in the form of the
profit margin. This is a fixed-income loan for the purchase of a real asset
(such as real estate or a vehicle), with a fixed rate of profit determined by the
profit margin. The bank is not compensated for the time value of money
outside of the contracted term (i.e., the bank cannot charge additional profit
on late payments); however, the asset remains as a mortgage with the bank
until the default is settled. This type of transaction is similar to rent-to-own
arrangements for furniture or appliances that are common in North American
stores.
Musawamah
Baisalam
• Akhuwat
• Asasah
• Kashf Foundation
• Orangi Pilot Project (OPP)
• Sindh Agricultural and Forestry Workers Cooperative Organization
(SAFWCO)
• Community Support Concern (CSC )
• Development Action for Mobilization and Emancipation(DAMEN) Rural
Support Programs
• Lachi Poverty Reduction Project (LPRP)
• National Rural Support Programme (NRSP)
• Punjab Rural Support Programme (PRSP)
• Sarhad Rural Support Programme (SRSP)
• Thardeep Rural Development Programme (TRDP)
Prudential Regulations
Learning Outcome By the end of this chapter you should be able to:
Ordinance
Regulations
Banks and bank accounts are regulated by Federal statutory law. Banks are
established under the Banking Companies Ordinance 1962,regulated by
SBP through Prudential Regulations, and Exchange Control Manual. Bank
accounts may be established by private and state-owned banks (National
Bank of Pakistan) and National Savings centers. All are regulated by the
Federal laws. Cheques and related matters (bearer order,crossing
protection to the bankers, etc) are governed under the Negotiable
Instruments Act 1881.
For smooth running of the banking system it is vital that the public should
have confidence in it and be assured that their interest is protected by the
government through regulators. One of the most important functions of the
,
State Bank of Pakistan is protection of customers rights. Following are the
major laws which regulate banking business in Pakistan:
1. BCO 1962
2. SBP Act 1956
3. FI (Recovery of Finance Ordinance) 2001
4. Exchange Control Manual
5. Banking Tribunals Ordinance 1984
6. Banking Companies Tribunals (Validation of Orders) Act 1994
• This ordinance was issued on 7th June 1962 and is the which
the functioning of the banking system in Pakistan is
, ,
• Section 15 15A, 15B 15C,deals with corporate governance
and of directors.
• Section 26A deals with acceptance of deposits and the basis on which
these deposits can be accepted; for example on participation in Profit and
Loss (PLS) free of interest or return on any form (now SBP has issued
instructions to the banks to pay minimum 5 % return on Saving Deposits).
says that no officer or member of a trade union in a banking company shall
use any banking facilities including a car or telephone to promote trade
union activities or carry weapons into banking premises, unless so
authorized by the management during office hours, or subject bank officials
to physical harassment or abuse, and nor shall he be a person who is not
an employee of the banking company in question. Any person guilty of an
• Section 31 deals with unclaimed deposits. Throughout this section all banks
are directed to surrender to SBP all deposits and bills payable which have
been outstanding in the books of the banks for ten years and more and
where no contact has been established with the customers. Before
surrender, banks are required to give three months notice in writing by
registered post acknowledgement due to the creditor, beneficiary of
cheque, draft, or bill of exchange or the person in whose name the article
stands in the books of the bank. The above provisions shall not be
applicable to minors1 account, government deposits, and court of law
cases.
• Section 38 relates to the display of the Balance Sheet and Profit and Loss
Account in branches and principal offices.
, ,
• Under Section 41 41-A 41-B, SBP can direct banking companies in
,
Pakistan to merge themselves, remove the chairman member(s) of board
of directors, Chief Executive and appoint its own nominee to manage the
affairs of the banking company. Under Section 41-C, if a banking company
,
is aggrieved with the order of SBP under Section 41 41-A, 41-B, they can
make an appeal to the central Board of Directors of SBP whose decision
shall be final.
• Section 82-A was added to BCO and deals with the b
• Section 82-B deals with the terms and conditions of the post and
responsibilities of banking Mohtasib.
The Negotiable Instruments Act 1881 deals with different instruments used in
the banking system for different transactions. This law is applicable to the whole
of Pakistan and contains definitions of a negotiable instrument, promissory note,
bill of exchange and cheques.
• Section 31 deals with unclaimed deposits. Throughout this section all banks
are directed to surrender to SBP all deposits and bills payable which have
been outstanding in the books of the banks for ten years and more and where
no contact has been established with the customers. Before surrender, banks
are required to give three months notice in writing by registered post
acknowledgement due to the creditor, beneficiary of cheque, draft, or bill of
exchange or the person in whose name the article stands in the books of the
bank. The above provisions shall not be applicable to minors5 account,
• Section 34 deals with the requirement for the preparation of a Balance Sheet
in the format laid down under the second schedule of BCO.
• Section 38 relates to the display of the Balance Sheet and Profit and Loss
Account in branches and principal offices.
,
• Under Section 41 41-A, 41-B, SBP can direct banking companies in
,
Pakistan to merge themselves, remove the chairman member(s) of board of
directors, Chief Executive and appoint its own nominee to manage the affairs
of the banking company. Under Section 41-C, if a banking company is
,
aggrieved with the order of SBP under Section 41 41-A, 41-B, they can
make an appeal to the central Board of Directors of SBP whose decision shall
be final.
• Section 82-A was added to BCO and deals with the banking M
• Section 82-B deals with the terms and conditions of the post, and
responsibilities of banking Mohtasib.
The Negotiable Instruments Act 1881 deals with different instruments used in
the banking system for different transactions. This law is applicable to the whole
of Pakistan and contains definitions of a negotiable instrument, promissory note,
bill of exchange and cheques.
If in a bill the name of a drawee in case of need is mentioned, the bill is not
treated as dishonored unless it is dishonored by the drawee in case of need.
- d s a.±ametmM
w c e mi
papat.
Characteristics of Negotiable trument
s
Instnir
• Every negotiable instrument must be in writing.
money.
• If it is a bill of exchange it must indicate order to
pay. • If it is a cheque it
If in a bill the name of a drawee in case of need is mentioned, the bill is not
treated as dishonored unless it is dishonored by the drawee in case of need.
,’Acceptor for honour": When a bill of exchange has been noted or protested
for non-acceptance or for better security, and any person accepts is supra
protest for honour of the drawer or of any one of the endorsers, such person is
called an "acceptor for honour."
”:
"Payee The person named in the instrument, to whom or to whose order the
money is by the instrument directed to be paid is called the "payee.”
”Holder in due course” means any person who for consideration becomes the
possessor of a promissory note, bill of exchange or cheque if payable to bearer,
or the payee or endorsee thereof, if payable to order, before it became overdue,
without notice that the title of the person from whom he derived his own title was
defective.
Drafts drawn by one branch of a bank on another payable to order: Wherr any
draft, that is,an order to pay money, drawn by one office of a bank upon another
office of the same bank for a sum of money payable to order on demand,
purports to be endorsed by or on behalf of the payee, the bank is discharged by
payment in due course.
Cheque crossed generally: Where a cheque bears across its face an addition of
the words "and company” or any abbreviation thereof, between two parallel
transverse lines, or of two parallel transverse lines simply, either with or without
the words ’’not negotiable' that addition shall be deemed a crossing and the
cheque shall be deemed to be crossed generally.
(b) It shall be the duty of the banker collecting payment of the cheque to credit
the proceeds thereof only to the account of the payee named in the cheque.
Cheque crossed specially: Where a cheque bears across its face an addition of
the name of a banker either,with or without the words,’not negotiable", that
addition shall be deemed a crossing,and the cheque shall be deemed to be
crossed specially,and to be crossed to that banker.
"Crossing after issue": Where a cheque is uncrossed, the holder may cross it
generally or especially. Where a cheque is crossed generally,the holder may
cross specially. Where a cheque is crossed generally or specially, the holder may
add the words "not negotiable".
Where a cheque is crossed specially, the banker to whom it is crossed may again
cross it specially to another banker, his agent, for collection. When an uncrossed
cheque, or a cheque crossed generally, is sent to a banker for collection he may
cross it specially to himself.
Provided that where a cheque is presented for payment which docs at the
time of presentment appear to be crossed, or to have had a crz^ which has
been obliterated, added to or altered otherwise thaal authorized by this Act,
the banker paying the cheque in good faith without negligence shall not be
responsible or incur any liability shall the payment be questioned, by reason
of the cheque having — crossed, or of the crossing having been obliterated
or having been to or altered otherwise than as authorized by this Act, and of
pay having been made otherwise than, to a banker or to the banker to w the
cheque is or was crossed,or to his agent for collection, being a as the case
may be.
”:
Cheque bearing "not negotiable A person taking a cheque cr‘ generally or
specially, bearing in either case the words Mnot negotiable, shall not have,and
shall not be capable of giving, a better title to tbe] cheque than that which the
person from whom he took it had. Subject to the provisions of this Act relating to
cheque crossed "account payee”,where a banker in good faith and without
negligence receives payment for a customer of a cheque crossed generally or
specially to himself, and the customer has no title or a defective title thereto, the
banker shall not incur any liability to the true owner of the cheque by reason only
of having received such payment.
Application to drafts: The provision of this Chapter shall apply to any draft, as
defined in section 85A,as if the draft were a cheque. Protection to banker
”:
crediting cheque crossed ’'account payee Where a cheque is delivered for
collection to a banker does not at the time of such delivery appear to be crossed
"account payee,’ or to have had a crossing "account payee” which has been
obliterated or altered, the banker, in good faith and without negligence, collecting
payment of the
State Bank of Pakistan came into existence on 1st July 1948 through an order
issued by the father of the nation, Quaid-e-Azam Mohammad Ali Jinnah.
Gradually it was realized that this order was not sufficient to cover the fast
growing national institution, and as such, the State Bank of Pakistan Act 1956
was enacted and promulgated on 18th April 1956.
This Act consists of five chapters, a brief summary of which is given below:
Chapter■I
This chapter consists of the short title, extent and commencement of the SBP Act
1956 and definitions of the different terms used in the Act.
Chapter - II
Chapter - III
This chapter deals with the management of the State Bank. The head office of
the bank is in Karachi and the bank may establish branches, offices, agencies in
Pakistan, or,with the prior approval of the Federal Government, anywhere
outside Pakistan.
(a) Catering for the training needs of bank employees,the financial sector,
organizations or institutions pertaining to the banking and financial sector.
(b) Handling the functions of receipt, supply and exchange of bank notes and
coins which are legal tender.
The Governor will be the chairman of the central board. All the of the
central board shall be taken by the majority of the members and voting,
and, in the event of equality of votes,the Gover^ exercise the casting
vote. The service terms of the directors are for 2 of three years. Out of
the first directors appointed, through drawal two directors shall retire after
one year, the other two shall retire two years, and the remaining three
shall retire on completion of term of three years.
The main function of the central board is to secure monetary sta and
soundness of the financial system of the country
(b) Determine and enforce, in addition to the overall expansion of liquidity, the
limit of credit to be extended by the bank to the Federal Government,
Provincial Government, and other agencies of Federal and Provincial
Government for all purposes;
(c) Approve credit requirement of the private sector and intimate the same to
the Monetary and Fiscal Policies Coordination Board;
(e) Analyse and advise Federal Government on the impact of various policies
on the state of the economy;
The Governor of the bank shall be the Chief Executive Officer and shall on behalf
of the central board, direct and control the whole affairs of the bank. The
Governor is appointed by the President of Pakistan for a term of three years, and
is eligible for reappointment for another term of three years. The maximum age
for holding office of the governor is sixty-five years.
One or more deputy governor(s) may be appointed by the Federal Government
(not exceeding five years). The Deputy Governor shall perform such duties as
may be assigned to him by the central board, shall attend meetings of the
board,but shall have no right to vote.
Executive committee
Local board
A local board shall be constituted for each of the three areas specified in the
schedule and shall consist of:
(a) Two members elected in the manner prescribed by the regulations made
under this Act from amongst themselves by the shareholders registered on
the register for that area and;
(b) Not more than three members nominated by the Federal Government.
A local board shall advise the central board on such matters as may be generally
or specifically referred to it and shall perform such duties as the central board
may, by regulation, delegate to it.
Chapter IV
This chapter deals with Business and Functions of State Bank of Pakistan The
bank is authorized to carry on and transact the several kinds of business; some of
them are summarized below:
(2) The purchase, sale and rediscount of bills of exchange, promissory notes
drawn on and payable in Pakistan and arising out of bona fide or
commercial trade transactions.
The purchase, sale and rediscount of bills of exchange,pror notes
drawn on and payable in Pakistan and bearing two or i good signatures,
one of which shall be that of a schedule ba drawn on or issued for the
purpose of financing seasonal ag operations or marketing of crops.
Such bills of exchange and promissory notes that are digit purchase or
rediscount by the bank.
Making loans and advances out of rural credit funds established i the
specific purpose.
Banking of loans and advances out of the Industrial Credit Fi_ established
for the specific purpose, but are payable on dems
(7) The issue and purchase of telegraphic transfer, demand draft and other kind
of remittances, made payable at its own branches, offices or agencies.
(8) The drawing and accepting, making and issue on its own account or on
account of Federal Government, as the case may be, of any bills of
exchange of Pakistan, promissory notes or engagement for the payment
within or outside Pakistan, or foreign currency payable to bearer or to a
banker on demand, with the prior approval of the Federal Government.
(17) Entering into clearing and payment arrangements with any country or
group of countries.
(19) Establish fund for any specified purpose as the Federal Government may
notify.
(20) ,
Establish and maintain rural credit fund, industrial credit fund export
credit fund, loans guarantee fund, housing credit funds within the rules
prescribed under this Act.
(21) If, in the opinion of the central board, or the governor, or circumstances so
warrant, the bank may purchase, sell or discount any bill of
exchange,promissory note, though such bill of exchange or promissory
note does not bear signature of a schedule bank.
(22) The bank shall sell or buy from authorized dealers in Pakistan, approved
foreign exchange at such rate of exchange, at such places and on such
conditions as the Federal Government may determine.
(23) The bank has sole right to issue bank notes made payable to bearer on
demand in Pakistan.
The amendments in the Manual are made in consultation with tiir persons
involved in the foreign exchange area, i.e. traders, importers and exporters,
etc,and taking into consideration the views of Authorised Dealers (Banks).
Changes in the Manual, made from time to time, art conveyed to the Authorised
Dealers through F.E. Circulars/Circular Letters. The Manual is very
comprehensive and consists of XXII chapters, but only a few chapters need to be
discussed - those which deal with day-to- day branch banking operations.
Chapter I deals with Foreign Exchange Policy and its operation in Pakistan. The
policy is formulated and regulated in accordance with the provisions of the
Foreign Exchange Regulation Act, 1947, The object of this Act is to regulate, in
the economic and financial interests of Pakistan, certain payments, dealings in
foreign exchange, securities, import/export of currency and bullion. Under the Act,
the basic regulations are issued by the Government of Pakistan.
Chapter n deals
II. with:
Application for Authorized Dealer’s License.
2. In the case of an import bill against which no forward cover has been
taken by the importer, the exchange rate prevailing on the date of
lodgment of the bill would apply.
Accounts other than Pak Rupees are Foreign Currency Foreign currency
accounts can be opened only in those h that have been permitted by SBP
to deal in Foreign Ex Rules relating to foreign currencies are given in
SBP’s Exchange Manual chapter VI. Prudential Regulation M-l to 5 and
all CDD/KYC and AML rules and regulations applicabk Pak rupee
accounts are also applicable to Foreign Cu accounts. Further procedures
for opening the account documentation required for different types of
accounts are Jx same as for Pak rupee accounts.
10.All foreign firms, corporations, other than the banks and financial
institutions owned by the banks, incorporated and operating abroad,
provided these are owned by persons who are otherwise eligible to
open foreign currency accounts.
Corporate or legal bodies cannot generate funds from the kerb market for deposit
in their foreign currency accounts. Foreign currency accounts can be used for:
The above accounts are free of all foreign exchange restrictions except a foreign
currency account existing as on 28 May 1998 and restrictions were issued vide
FE Circular No 12 of 1998. Accounts covered under FE 12 are transferable from
one bank to other.
2. Investment banks.
All citizens of Pakistan and other persons residing in Pakistan continuously for six
months or more and in possession of foreign exchange, whether in Pakistan or
abroad,are required to sell such foreign exchange to Authorized Banks within
three months from the date of its acquisition except:
I. Foreign exchange held abroad by foreign diplomats, foreign nationals
employed by embassies, missions of foreign countries.
• Interest paid by the banks to the foreign currency account holders shall
be reported as sale on the monthly exchange return.
Chapter VII deals with Non-resident Rupee Accounts of foreign bank branches
and correspondents.
Chapter VIII deals with private non-resident Rupee Accounts. Chapter IX deals
1 . I n w a r d Remittances.
2. No Restrictions.
3. Outward Remittances.
The term "outward remittance” means sale of foreign exchange in any form and
includes not only remittances by T.Ts, M.Ts, drafts etc” but also sale of traveler’s
cheques, traveler’s letters of credit, foreign currency notes and coins, etc.
Outward remittance can be made either by sale of foreign exchange or by credit
to non-resident Rupee account of banks1 overseas branches or correspondents.
4. Mode of Remittances.
(i) There are three types of application forms for outward remi
(ii) Any person who wishes to purchase foreign exchange must lodjr an
application with an Authorized Bank in the appropriate prescribed form,duly
supported by the requisite documents. On receipt, the application should be
examined and if the bank is satisfied that the application is covered by the
regulations and it is empowered to approic the remittance on behalf of the State
Bank, it may effect the sale of foreign exchange. If the transaction requires prior
approval of the State Bank, the application should be forwarded by the bank to
the State Bank for consideration, with comments, under its stamp and signature.
In all cases where permits are issued by the State Bank, it will be in order for the
Authorized Banks to effect remittances against the permits subject to reporting on
form fMf. Authorized Banks must state on form ’M’ the number of the permit
against which the remittance has been made and also certify that the remittance
has been endorsed on the permit. The remittance must be endorsed on the
reverse of the permit giving the amount and date of remittance under their stamp
and signature. When the permit is exhausted, it should be returned to the State
Bank by the Authorized Banks along with the form ’M’ on which the last
remittance is reported.
In all cases where the purpose for which the permit was granted ceases to exist,
the unutilized permit should be returned to the State Bank with an advice that the
permit should be cancelled. And no further Regulations as laid down by the
Government from time to time, including the necessity of obtaining an export
license wherever necessary. The Government of Pakistan has under the Export
Trade Control Regulations banned exports to Israel.
All Authorizations given by the State Bank are valid for a period not exceeding 30
days from the date of approval unless they are expressly approved as valid for a
specified longer period or unless they have been revalidated for a further period.
Similarly,permits issued by the State Bank are also valid for specified periods as
stated on the permit. Authorized Banks should not effect any remittance against
approved forms, permits etc., which have been lapsed unless they have been
duly revalidated.
Release of Foreign Exchange for Travel Abroad
:
Authorized Banks will give a suitable indication to this effect, both on the original
sanction as well as its photocopy which will be attached witli the relative fT-lT forms
and surrendered to the State Bank along withtkd monthly returns of foreign
exchange transactions.
Chapter XI deals with dealing in Foreign Currency notes and coins, etc.
Chapter XIV
Under this ordinance, the establishment of the SBP Banking Service Corporation
was promulgated by the President of Pakistan as a subsidiary of the State Bank
of Pakistan under its management and control. As in other ordinances and Acts,
Section One contains details relating to the title and in Section Two the terms
used in the ordinance are defined. The Head Office of the Corporation shall be in
Karachi and it may establish branches, offices and agencies in Pakistan and
anywhere outside Pakistan with the prior approval of SBP.
Board of Directors
The management and business of the bank and overall policy making in respect
of the operation shall vest in the Board of Directors, which may exercise all such
powers and perform all such acts, deeds and things that may be exercised or
conducted by the SBP (BSC). The Board consists of members of the Central
Board of SBP, and the Managing Director of BSC. The Governor is the chairman
of the BSC. The Managing Director shall be appointed by the State Bank and he
will be the Chief Executive Officer of the Corporation.
Under the supervision and overall control of SBP, the BSC may transact and
carry on all or any of the following functions:
(b) The handling of the receipt, supply and exchange of bank notes and
coins which are legal tender.
(c) The issue, supply, sale, encashment and handling of prize bonds, draws
and other saving instruments of Federal Government or of Provincial
Government.
(d) Performance of any other activity or business which the State Bank may
by order in writing specify.
This ordinance further reinforces the rules for the recovery of finance. The
Government of Pakistan has modified the rules for loan recovery by modifying the
Banking Companies Recovery of Loans, Advances,Credit and Finance Act
1997 and promulgating the Financial Institution Recovery of Finance Ordinance
2001.
Sections 1 and 2 define the title and set out the definitions used in the ordinance.
ection 3 defines the duties of the customer. It shall be the duty of a customer to
fulfill his obligation to the financial institution. Where the customer defaults in the
discharge of his obligation, he shall be liable to pay,for the period from the date
of his default, till the realization of the cost of the funds of the financial institution as
certified by the State Bank of Pakistan from time to time apart from such other civil
and criminal liabilities that he may incur under the contractor rules or any other law
で
of the time t ing in force. The provisions of this ordinance shall override anything
inconsistent contained in any other law of the time being in force.
Under this ordinance the Federal Government may establish as many banking
courts as it considers necessary, and appoint a judge for each such court. In the
case of more than one banking court, it shall specify territorial limits within which
the banking court shall exercise its jurisdiction.
The high court may, if it considers necessary in the interest of justice or for the
convenience of the parties or of the witnesses, transfer any case from one
banking court to another.
The judge of the banking court shall be appointed by the Federal Government
after consultation with the Chief Justice of the High Court of the Province.
The banking courts, in exercise of their Civil jurisdiction, shall exercise the powers
of a civil court and, in the case of criminal jurisdiction, power as vested to the Court
of Session,under the relevant law. No court other than a banking court shall
have or exercise any jurisdiction with respect to any matter to which the jurisdiction
of a banking court extends under the ordinance.
A financial institution may, within three years from the date of coming into force of
this ordinance, file a suit for recovery of any amount written off, released, or
adjusted under any agreement, contract, consent, including a compromise or
withdrawal of any suit or legal proceeding or adjustment of a decree between a
financial institution and a customer, on any day on or after the first day of January
1990.
Where application for leave is accepted, the court shall treat the application as a
written statement.
Where application to leave for defends is rejected, or where the defendant fails to
fulfill the conditions attached for grant of leave, the banking court shall proceed to
pass judgment and decree in favor of the plaintiff against the defendant.
Interim decree
If the banking court is of the opinion that the dispute between the parties does not
extend to the whole of the claim or part of the claim is either
Final decree
The final decree passed by the banking court shall provide for from the date
of the default of the amount of the funds to be pay account of default in
payment of obligation, and cost.
The State Bank of Pakistan, as Central Bank of the country, has Prudential
Regulations for agriculture financing, consumer fin commercial and
corporate financing, SME financing and micro banks.
PR Agriculture
Definitions
• Credit Card (including Kissan Card) holders are eligible to use their
cards for the purposes of Agricultural Financing.
(ii) Non-farm Credit includes financing for Livestock viz, Dairy, Poultry and
Fisheries. Agriculture Financing shall also cover those items eligible under
"Methodology Report for Estimation of Agriculture Credit” or any other item
approved by SBP/ACAC (Agriculture Credit Advisory Committee) from time to
time.
5. Corporate Farm means a legal entity separate from its owner(s) and
which is carrying out farming activity on a large scale. An entity which is
exclusively engaged in processing,packaging and marketing of
agricultural produce shall not fall under this category. Entities eng in farming
activity as well as processing, packaging and marketing mainly their own
agricultural produce, provided that more than 75% the agricultural produce being
processed,packaged and marketed shot have been produced by the farm itself,
would be categorized as a Corporaic Farm (i.e. only where the farming constitutes
a major portion of its operations).
7. Equity of the Bank/DFI means Tier-I Capital or Core Capital and includes
paid-up capital, general reserves, balance in share premium account, reserve for
issue of bonus shares and retained earnings / accumulated losses as disclosed in
latest annual audited financial statements. In case of branches of foreign banks
operating in Pakistan, equity will mean capital maintained, free of losses and
provisions, under Section 13 of the Banking Companies Ordinance, 1962.
• The terms and conditions should not give rise to a contractual obligation
on the part of the issuer to deliver another financial asset or exchange
another financial instrument under conditions that are or can be potentially
unfavorable to the issuer. However, an option to convert preference
shares into common shares may be included in the features of the
preference shares.
• The terms and conditions of the preference shares should not be such
as to compel the issuer economically, financially or otherwise to redeem
the shares.
iv) Credit facilities extended through credit cards or kissan cards or other such
cards, etc.
vii) Any obligations undertaken on behalf of the person under any other
guarantees including underwriting commitments.
ix) Any other liability assumed on behalf of the client to advance funds pursuant
to a contractual commitment.
14. Liquid Assets are the assets which are readily convertible into cash
without recourse to a court of law and mean encashment/realizabfe value of
government securities, bank deposits, certificates of depoal, gold/silver
ornaments, certificates of National Saving Schemes, shares of listed
companies which are actively traded on the stock exchange, NIT Units,
certificates of mutual funds, Certificates of Investment (COIs) issued by
DFIs/NBFCs rated at least ’A’ by a credit rating agency on tbe approved
panel of State Bank of Pakistan, listed TFCs rated at least fA" by a credit
rating agency on the approved panel of State Bank of Pakistan and
certificates of asset management companies for which there is a book maker
quoting daily offer and bid rates and there is active secondary market trading.
These assets with appropriate margins should be in possession of the
banks/DFIs with perfect lien.
15. Market Value means value assigned by the revenue authorities on the
basis of three years average market sale price per acre of the area, OR valuation
carried out by PBA approved evaluator.
18. PIU Value means value of the agricultural land determined by the
Federal Government on the basis of produce index units.
19. Secured means exposure backed by tangible security and any other
form of security with appropriate margins (in cases where margin has been
prescribed by the State Bank, appropriate margin shall at least be equal to the
prescribed margin). Exposure without any security or collateral or backed solely
by personal guarantees would be considered as clean.
Banks/DFIs may also take exposure against Trust Receipt. They are, however,
free to take collateral/securities, to secure their risks/exposure, in addition to the
Trust Receipt.
223
Banking Laws and Regulations
Mortgage of land created by way of bank’s charge on passbook registration of
charge in the books of the revenue authority wcmM be considered valid tangible
security.
Regulations
Regulation R-l Repayment capacity of the borrower.
Regulation R-2 Comprehensive agriculture financing poiicjJ
Definitions
a) a possible obligation that arises from past events and whose existence
will be confirmed only by the occurrence or non-occurrence of one or more
uncertain future events not wholly within the control of the enterprise; or
b) a present obligation that arises from past events but is not recognized
because:
7. Corporate Card means credit card issued to the employees of an entity where
the repayment is to be made by the said entity.
8. DFI means Development Financial Institution and includes ±ie Industrial Credit
and Investment Corporation (PICIC),the Industrial and Agricultural Investment
Company Limited, the Investment Company Limited, the Pak Libya Holding
Compauf the Pak Oman Investment Company (Pvt.) Limited,In Corporation of
Pakistan, House
10. Director includes any person occupying the position of a diiedor the Board of a
bank/DFI and includes sponsor,nominee and alt director or by whatever name
called.
For the purpose of Regulation R-l, reserve shall also include revaluation reserves
on account of fixed assets to the extent of 50% of their value. However, for this
purpose assets must be prudently valued by valuators on the panel of Pakistan
Bank Association (PBA),fully taking into account the possibility of price
fluctuations and forced sale value. Revaluation reserves reflecting the difference
between the book value and the market value will be eligible up to 50%.
13. Equity of the Borrower includes paid-up capital, general reserves, balance in
share premium account, reserve for issue of bonus shares and retained
earnings/accumulated losses, revaluation reserves on account of fixed assets
and subordinated loans.
Preference Shares, only with the following features, will also be included in the
equity of the borrower:
• There should not be any provision for redemption or the redemption should be
at the option of the issuer.
• The terms and conditions should not give rise to a contractual obligation on the
part of the issuer to deliver another financial asset or exchange another financial
instrument under conditions that are or can be potentially unfavorable to the
issuer. However, an option to convert preference shares into common shares
may be included in the features of the preference shares.
• The terms and conditions of the preference shares should not be such as to
compel the issuer economically, financially or otherwise to redeem the shares.
Revaluation reserves will remain part of the equity for the first three years only,
from the date of asset revaluation, during which time the borrower will strengthen
its equity base to enable it to avail facilities without the benefit of revaluation
reserves. However,if a borrower gets revaluation during the three years period,
the borrower will be allowed the benefit from fresh revaluation, to the extent of
increase in revaluation reserves, but restricting the benefit of such incremental
value to 3 years only. Similarly, if after 3 years, the borrower again gets
revaluation of the assets with resultant addition in their value, the benefit of such
revaluation may also be allowed for the next 3 years, again to the extent of
increase in revaluation reserves.
14. Exposure means financing facilities whether fund based and/or nonfund
based and includes:
i) Any form of financing facility extended or bills
purchased/discounted except ones drawn against the L/Cs of banks/DFIs
rated at least fA? by Standard & Poors, Moodyfs, Fitch- Ibca, Japan Credit
Rating Agency (JCRA) or credit rating agency on the approved panel of
State Bank of Pakistan and duly accepted by such L/C issuing
banks/DFIs:
17. Forced Sale Value (FSV) means the value which fully
reflects the possibility of price fluctuations and can currently be obtained by
selling the mortgaged/pledged assets in a forced/distressed sale conditions
19. Group means persons, whether natural or juridical, if one of them or his
dependent family members or its subsidiary, have control or hold substantial
ownership interest over the other. For the purpose of this:
20. Independent Director means such a person who is not linked directly or
indirectly with bank/DFI or its sponsor or strategic shareholders. For the purpose
of such determination, an ’’independent director” is a director who:
Has not been employed by Bank /DFI within the last five years;
d) Country Treasurer
f) Head of Operations
g) Head of Compliance
30. Readily Realizable Assets mean and include liquid assets and stocks
pledged to the banks/DFIs in possession, with 'perfected lien’ duly supported
with complete documentation.
31.Secured means exposure backed by tangible security and any other form
of security with appropriate margins (in cases where margin has been
prescribed by State Bank, appropriate margin shall at least be equal to the
prescribed margin). Exposure without any security or collateral is defined as
clean.
The banks/DFIs may also take exposure against Trust Receipt. They are,
however, free to take collateral/securities, to secure their risks/exposure, in
addition to the Trust Receipt.
4. The group will cover both corporate entities as well as SMEs, in cases
where such entities are owned by the same group.
5. For the purpose of this regulation banks/DFIs are required to follow the
guidelines given at Annexure-I.
REGULATION R-2
LIMIT ON EXPOSURE AGAINST CONTINGENT LIABILITIES
2. For the purpose of this regulation, weightage of 50% shall be given ^ bid/mobilization
advance/performance bonds and 10% to forward fordgB exchange contracts.
REGULATION R-3
MINIMUM CONDITIONS FOR TAKING EXPOSURE
REGULATION R-4
LIMIT ON EXPOSURE AGAINST NSECURED FINANCING FACILITIES
1. Banks/DFIs shall not provide unsecured/clean financing
facility in any form of a sum exceeding Rs 500,000/- (Rupees five hundred
thousand only) to any one person. Financing facilities granted without
securities including those granted against personal guarantees shall be
deemed as fcleanf for the purpose of this regulation. Further, at the time of
granting a clean facility, banks/DFIs shall obtain a written declaration to the
effect that the borrower in his own name or in the name of his family
members, has not availed of such facilities from other banks/DFIs so as to
exceed the prescribed limit of Rs 500,000/- in aggregate.
1. While taking any exposure, banks/DFIs shall ensure that the total
exposure (fund-based and/or non-fund based) availed by any borrower from financial
institutions does not exceed 10 times of borrower's equity as disclosed in its financial
statements (obtained in accordance with Para 2 of Regulation R-3), subject to the condition
that the fund based exposure does not exceed 4 times of its equity as disclosed in its
financial statements. However, where the equity of a borrower is negative and the borrower
has injected fresh equity during its current accounting year,it will be eligible to obtain
finance up to 4 times of the fresh injected equity (instead of the existing 3 times) provided
the borrower shall plough back at least 80% of the net profit each year until such time that it
is able to borrow without this relaxation. After 30th June 2009, the borrower will be eligible
only up to 3 times of his fresh injected equity.
3. For the purpose of this regulation, subordinated loans shall be counted as equity of the
borrower. Banks/DFIs should specifically include the condition of subordinated loan in their
Offer Letter. The subordination agreement to be signed by the provider of the subordinated
loan, should confirm that the subordinated loan will be repaid after that bankfs/DFITs prior
approval.
5. Where the banks/DFIs have taken exposure on exceptional basis as provided in para 1
above,they shall record in writing the reasons and justifications for doing so in the
approval form and maintain a file in their central credit office containing all such approvals.
The Exceptions Approval file shall be made available to the inspection team of State Bank
during the inspection.
REGULATION R-6
c) Take exposure against the non-listed TFCs or the shares of companies not listed on the
Stock Exchange(s). However,banks/DFIs may make direct investment in non-listed TFCs.
d) Take exposure on any person against the shares/TFCs issued by that person or sits
subsidiary companies. For the purpose of this clause, person shall not include individual.
e) Take exposure against 'sponsor director’s shares’ (issued in their own name or in the
name of their family members) of banks/DFIs.
f) Take exposure on any one person (whether singly or together with other family
members or companies owned and controlled by him or his family members) against
shares of any commercial bank/DFI in excess of 5% of paid-up capital of the share issuing
bank/DFI.
g) Take exposure against the shares/TFCs of listed companies that are not members of
the Central Depository System.
h) Take exposure against unsecured TFCs or non-rated TFCs or TFCs rated below,BBB’
or equivalent. Exposure may, however, be taken against unsecured/subordinated TFCs,
which are issued by the banks/DFIs for meeting their minimum capital requirements, as per
terms and conditions stipulated in BSD Circular No.12 of August 25,2004.
i) Take exposure against shares unless the beneficiary of the facility is absolute owner of
the shares so pledged or has the necessary mandate to pledge the shares of third party as
security for availing financing facility from the bank/ DFI.
a) Banks/DFIs shall not own shares of any company/scrips in excess of 5%
of their own equity. Further, the total investments of banks in shares should
not exceed 20% of their own equity. DFIs which are not mobilizing funds as
deposits/COIs from general public/individuals will be exempt from the
requirement of capping their total investment in equities. However, DFIs
which are mobilizing funds as deposits/COIs from general public/individuals
will be required to contain their investment in shares upto 35% of their equity.
The shares will be valued at cost of acquisition for the purpose of calculating
bankfs/DFIfs exposure under this regulation. The investments of the bank/DFI
in its subsidiary companies (listed as well as non-listed) and strategic
investments of the bank/DFI, shall not be included in these limits. The shares
c) Banks/DFIs may combine the limits for ready market and future contracts
and have the aggregate exposure in shares to the extent of 30% of their
equity (in case of Islamic Banks/DFIs upto 45% of their equity) provided that
investment in future contracts shall not exceed 10% of their equity. In order to
facilitate development of Real Estate Investment Trusts (REIT) in Pakistan,
banks/DFIs’ investment in units of REIT shall not be counted towards the
aggregate investment limits of 30% and 45% of equity of the banks and
Islamic banks/DFIs respectively.1
d) Banks/DFIs will obtain prior approval from the State Bank while
purchasing shares of a company in excess of 5% of their paid-up capital or
10% of the capital of investee company, whichever is lower. These limits will
be calculated as under:
f) While calculating the maximum limit for investment in shares, the amount
of provisions created against permanent diminution by debiting the Profit and
Loss account, as instructed vide BSf) Circular No.10 dated July
13,2004,may be deducted from the cost of acquisition of such investments
and the maximum limit. Further, investment in preference shares, which fulfill
the criteria of equity instrument as laid down in Part- A of these regulations,
shall be considered as part of investment in equities. Correspondingly, any
investment in preference shares that do not conform to these conditions shall
not be included in the limits prescribed under this regulation. However, such
investment portfolio will be considered as part of the maximum exposure limit
as prescribed under R-1 of these regulations.
REGULATION R-7
GUARANTEES
However, the prescribed rating requirement for banks situated in foreign countries
may be relaxed for transaction amounts up to US$250,000, subject to internal
credit controls and approval of the relevant bank/DFI in Pakistan. For transaction
amounts greater than US$250,000, banks/ DFIs may approach the State Bank of
Pakistan for specific approvals/exemption, on a case-by-case basis, where the
prescribed minimum rating requirement cannot be complied with. Banks/DFIs are
encouraged to set limits for acceptance of guarantees issued by other
banks/DFIs.
ii) Heads of Credit of respective banks/DFIs shall ensure that FSV used
for taking benefit of provisioning is determined accurately as per
guidelines contained in PRs and is reflective of market conditions under
forced sale situations.
iii) Party-wise details of all such cases where banks/DFIs have availed
the benefit ofFSV shall be maintained for verification by State Bank’s
inspection teams during regular /special inspection.
Investment portfolio in ’Held for Trading’ and ’Available for Sale,and other assets
will be subject to detailed evaluation for the purpose of their
a) Quoted Securities:
Government Securities will be valued at PKRV (Reuter Page). TFCs, PTCs and
shares will be valued at their market value. The difference between the market
value and book value will be treated as surplus/deficit.
b) Un-quoted Securities:
PTCs and TFCs will be classified on the evaluation/inspection date on the basis
of default in their repayment in line with the criteria prescribed for classification of
medium and long-term facilities. Shares will be carried at the cost. However, in
cases where the breakup value of such shares is less than the cost,the
difference of the cost and breakup value will be classified as loss and provided for
accordingly by charging to the Profit and Loss account of the bank/DFI.
c) Treatment of Surplus/deficit:
The measurement of surplus/deficit shall be done on portfolio basis. The
surplus/deficit arising as a result of revaluation of ’Held for Trading, securities
shall be taken into the Profit and Loss Account. The surplus/deficit on revaluation
of ’Available for Sale1 category shall be taken to "Surplus/Deficit on Revaluation
of Securities”. Impairment in the value of ’Available for SaleT or fHeld to Maturity*
securities will be provided for by charging it to the Profit and Loss Account.
d) Other Assets:
Classification of Other Assets and provision required there-against shall be
determined, keeping in view the risk involved and the requirements of the
International Accounting Standards.
REVERSAL OF PROVISION:
7. In cases of cash recovery, other than rescheduling/restructuring, banks/DFIs
may reverse specific provision held against classified assets, subject to the
following:
(a) In the case of Loss account, reversal may be made to the extent that
the remaining outstanding amount of the classified asset is covered by
minimum 100% provision.
Banks/DFIs shall not issue any guarantee or letter of comfort nor assume any
obligation whatsoever in respect of deposits, sale of investment certificates, issue
of commercial papers, or borrowings of any non-banking finance company.
Banks/DFIs may, however, underwrite TFCs, commercial papers and other debt
instruments issued by NBFCs, and issue guarantees in favor of multilateral
agencies for providing credit to NBFCs, provided the banks’/DFIsf such exposure
remains within the per party exposure limit as prescribed in Regulation R-l.
Banks/DFIs may also allow exposure to any of their client against the guarantee
of an NBFC which is rated at least fAT or equivalent by a credit rating agency on
the approved panel of State Bank of Pakistan. The total amount of guarantees
issued by an NBFC, and accepted by the banks,on the strength of which the
exposure will be allowed by the commercial bank/DFI, will not exceed per party
limit of the bank/DFI as mentioned in Regulation R-l. Before taking exposure
against the guarantee of NBFC, banks/DFIs shall ensure that total guarantees
issued by an NBFC in favour of banks/DFIs do not exceed
2.5 times of capital of the NBFC as evidenced by the latest available audited
financial statements of the NBFC and such other means as the banks/DFIs may
deem appropriate.
REGULATION R-11
PAYMENT OF
DIVIDEND
Banks/DFIs shall not pay any dividend on their shares unless and until:
a) they meet the minimum capital requirements as laid down by the State
Bank of Pakistan from time to time;
Banks/DFIs shall not issue any guarantee or letter of comfort nor assume any
obligation whatsoever in respect of deposits,sale of investment certificates,
issue of commercial papers, or borrowings of any non-banking finance company.
Banks/DFIs may, however, underwrite TFCs, commercial papers and other debt
instruments issued by NBFCs, and issue guarantees in favor of multilateral
agencies for providing credit to NBFCs, provided the banksf/DFIsf such exposure
remains within the per party exposure limit as prescribed in Regulation R-1.
Banks/DFIs may also allow exposure to any of their client against the guarantee
of an NBFC which is rated at least fAf or equivalent by a credit rating agency on
the approved panel of State Bank of Pakistan. The total amount of guarantees
issued by an NBFC, and accepted by the banks, on the strength of which the
exposure will be allowed by the commercial bank/DFI, will not exceed per party
limit of the bank/DFI as mentioned in Regulation R-1. Before taking exposure
against the guarantee of NBFC, banks/DFIs shall ensure that total guarantees
issued by an NBFC in favour of banks/DFIs do not exceed
2.5 times of capital of the NBFC as evidenced by the latest available audited
financial statements of the NBFC and such other means as the banks/DFIs may
deem appropriate.
REGULATION R-11
PAYMENT OF
DIVIDEND
Banks/DFIs shall not pay any dividend on their shares unless and until:
a) they meet the minimum capital requirements as laid down by the State
Bank of Pakistan from time to time;
b) all their classified assets have been fully and duly provided for in
accordance with the Prudential Regulations and to the satisfaction of the
State Bank of Pakistan; and
REGULATION R-12
MONITORING
REGULATION R-13
MARGIN
REQUIREMENTS
REGULATION G-1
CORPORATE GOVERNANCE/BOARD OF DIRECTORS AND
MANAGEMENT
The following guidelines are required to be followed by banks/DFIs incorporated
in Pakistan. They will also follow fCode of Corporate Governance,issued by the
Securities and Exchange Commission of Pakistan (SECP) so long as any
provision thereof does not conflict with any provision of the Banking Companies
Ordinance, 1962,Prudential Regulations and the instructions/guidelines issued
by the State Bank of Pakistan. Foreign banks are required to adhere to these
guidelines wherever feasible and applicable.
However, they need not necessarily seek approval of their Board of Directors, as
stipulated below in the case of local banks/DFIs:
1. The "Fit and Proper Test” (FPT) is applicable to the sponsors (both
individual and companies) who apply for a commercial banking license, the
investors acquiring strategic/controlling stake in the banks/DFIs,major
shareholders of the banking companies and to the appointment of Directors,
CEO, and Key Executives of the banks/DFIs. The fitness and propriety will be
assessed on the following broad elements (Annexure VII-B):
a) Integrity, Honesty and Reputation
b) Track Record
c) Solvency and Integrity
d) Qualifications and Experience
e) Conflict of Interest
f) Others
2. The first three elements are applicable to all categories of individuals, whereas
the last three elements will be considered while assessing the FPT of Directors,
CEO and Key Executives of banks/DFIs. In addition to the above requirements,
sponsors and strategic investors are evaluated respectively in terms of
"Guidelines and Criteria for setting up of a Commercial Bank” and ”Criteria for
Establishment of Islamic Commercial Banks” issued by SBP and Code of
Corporate Governance issued by SECP.
3. The sponsors, the strategic investors, and appointment of the Directors and
CEO require prior clearance in writing from SBP. The CEO and Key Executives
shall be full time employees of the bank/DFI. The Directors and CEO will not
assume the charge of their respective offices until their appointments are
approved in writing by SBP. All the requests for seeking approval of SBP for
appointment of Directors and CEO of the banks/DFIs should be routed through
respective banks/DFIs along with information on Annexure-VI-A and VI-B.
4. The appointment of Key Executives will not require prior clearance of SBP.
However,the banks/DFIs must themselves ensure while appointing Key
Executives that they qualify FPT in letter and spirit. The information on
appointment of Key Executive is required to be forwarded to SBP on prescribed
format at Annexure-VIIA within seven days of assumption of the charge of the
post by the incumbent. The information submitted may be checked on post fact
basis by Banking Inspection Department of SBP during inspection.
5. The sponsors are required to seek prior approval of SBP along with the
information at Annexure- VI-B and other information as required in the
"Guidelines and Criteria for Setting up a Commercial Bank” and” Criteria for
Establishment of Islamic Commercial Banks”• The strategic investors
contemplating to acquire strategic/controlling stake are required to seek prior
approval from SBP either directly or through the relevant department/Ministry of
Government executing strategic sale transaction of the bank as required and
provided in the transaction structure. The
6. The major shareholders are required to seek prior approval in writing from
SBP for acquiring 5% or more shares along-with information on Annexure-
VI-B, with proper justification for holding more than 5% shares of the paid up
capital. All the banks/DFIs are required to ensure that major shareholders
have sought such an approval from SBP and place it on record.
a) All sponsor shares and subsequent right and bonus shares shall
be deposited in a blocked account with CDC. The procedure for
deposit of sponsor shares in the CDC blocked account is provided at
Annexure-XI.
8. Fit and Proper Test prescribed in the guideline is continuous in nature. All
persons subject to FPT should immediately submit any change in the
information already submitted (at the time of clearance) either through
Company Secretary or Human Resources Department to Banking Policy
and Regulations Department. Violation of the instructions, circumvention,
concealment, misreporting and delay in submission of information to SBP
may result in withdrawal of SBP approval, besides penal action under the
provisions of BCO.
3. All the members of the Board should undertake and fulfill their duties and
responsibilities keeping in view their legal obligations under all the applicable laws
and regulations. All Board members should preferably attend at least 1-2 weeks
training program(s) which will enable them to play effective role as a director of
bank/DFI, at an institution like Pakistan Institute of Corporate Governance or
other similar institution within first year of their directorship on the Board of
bank/DFI.
4. The Board shall clearly define the authorities and key responsibilities of both
the Directors and the Senior Management without delegating its policy-making
powers to the Management and shall ensure that the Management is in the
hands of qualified personnel.
5. The Board shall approve and ensure implementation of policies, including but
not limited to, in areas of Risk Management, Credit, Treasury and Investment,
Internal Control System and Audit, IT Security, Human Resource, Expenditure,
Accounting and Disclosure, and any other operational area which the Board
and/or the Management may deem appropriate from time to time. The Board
shall also be responsible to review and update existing policies periodically and
whenever circumstances justify.
7. The business conditions and markets are ever changing and so are their
requirements. The Board, therefore, is required to ensure existence of an
effective 'Management Information System, to remain fully informed of the
activities, operating performance and financial condition of the institution, the
environment in which it operates, the various risks it is exposed to and to evaluate
performance of the Management at regular intervals.
10. To share the load of activities, the Board may form specialized committees
with well-defined objectives, authorities and tenure. These committees,
preferably comprising of 'Non-Executive6 Board members, shall oversee areas
like audit, risk management, credit, recruitment, compensation etc. These
committees of the Board should neither indulge in day-to-day affairs/operations
of the bank nor enjoy any credit approval authority for transaction/limits. These
committees should apprise the Board of their activities and achievements on
regular basis.
11. The Board should ensure that it receives management letter from the
external auditors without delay. It should also be ensured that appropriate action
is taken in consultation with the Audit Committee of the Board to deal with control
or other weaknesses identified in the management letter. A copy of that letter
should be submitted to the State Bank of Pakistan so that it can monitor follow-up
actions.
C. MANAGEMENT:
d) The advisor may attend the meetings of Board of Directors and Board
Committees in which his/her participation is required but h^/she will not be
a member of the Board and/or its committees. The advisor shall be
required to sign an appropriate confidentiality agreement to ensure
confidentiality of documents/information that may come to his/her
knowledge, before assuming any such role.2
D. COMPLIANCE OFFICER:
Banks/DFIs shall put in place a Compliance Program to ensure that all relevant
laws are complied with, in letter and spirit,and, thus, minimize legal and
regulatory risks. For this purpose, the Board of Directors, or Country Manager in
case of foreign banks, shall appoint/designate a suitably qualified and
experienced person as Compliance Officer on a countrywide basis,who may be
assisted by other Compliance Officers down the line. The Head of Compliance
will report directly to the President/Chief Executive Officer of the bank/DFI. The
Compliance Officers will primarily be responsible for bankfs/DFrs effective
compliance relating to:
REGULATION G-2
DEALING WITH DIRECTORS, MAJOR SHARE-HOLDERS AND
EMPLOYEES OF THE BANKS/DFIs
a) take unsecured exposure on, or take exposure against the guarantee of:
i) any of their directors;
ii) any of the family members of any of their directors;
iv) any public limited company in which the bank/DFI or any of the
persons as a foresaid are substantially interested; and
REGULATION G-3
CONTRIBUTIONS AND DONATIONS FOR CHARITABLE, SOCIAL,
EDUCATIONAL AND PUBLIC WELFARE PURPOSES
Banks/DFIs shall strictly observe the following rules in the matter of making any
donation/contribution for charitable, social, educational or public welfare
purposes:
i) The total donations/contributions made by the bank/DFI during the year shall
not exceed such amount as approved by their Board of Directors. It is expected
that banks/DFIs making these donations/contributions would have already met
provisioning and capital adequacy requirements.
ii) The banks/DFIs shall develop policy/guidelines duly approved by the Board of
Directors for making donations/contributions.
2. Foreign banks which are credit rated by M/s. Standard & Poors, Moody’s
Fitch-Ibca and Japan Credit Rating Agency (JCRA) and are given a minimum
rating of A3/A- and above shall be exempt from the application of this
requirement. All other foreign banks have to go through a credit rating process in
Pakistan.
3. The credit rating will be an ongoing process, i.e. credit rating should be
updated on a continuous basis from year to year,within six months from the
date of close of each financial year and the rating report complete in all respects
be submitted to the State Bank of Pakistan and made public within a period of
seven days of the notification of rating by the credit rating agency. Further, the
banks/DFIs will disclose their credit rating prominently in their published annual
and quarterly financial statements.
3. CDD/KYC policy of the banks/DFIs shall inter alia include a description of the
types of customers that are likely to pose a higher than average risk to the
bank/DFI and guidelines for conducting Enhanced Customer Due Diligence
depending upon the customers’ background, country of origin, public or high
profile position, nature of business, etc.
i) non-resident customers;
b) there is reason to believe that the customer has been refused banking
facilities by another bank/DFI.
10. For politically exposed persons or holders of public office or high profile
positions, enhanced due diligence should include the following:
11. Where there are low risks and information on the identity of the
customer and the beneficial owner of a customer is publicly available, or where
adequate checks and controls exist, banks/DFIs may apply simplified or reduced
CDD/KYC measures. The following cases may be considered for application of
simplified or reduced CDD/KYC:
12. Reduced CDD/KYC measures shall not be applied where there is risk of
money laundering or terrorist financing or when a customer resides in a country
which does not comply with FATF recommendations.
13. In case where banks/DFIs are not able to satisfactorily complete required
CDD/KYC measures including identity, beneficial ownership or information on
purpose and intended nature of business relationship, an account should not be
opened or any service provided and instead reporting of suspicious transactions
be considered. Similarly, the relationship with existing customers should be
terminated and reporting of suspicious transactions be considered if CDD/KYC is
found unsatisfactCHy
14.State Bank of Pakistan, during the course of inspection, will particularly check
the efficacy of the CDD/KYC policies and system of the banks/DFIs and its
compliance by all the branches and the staff members. Appropriate action shall
be taken against the bank/DFI and the staff members concerned for non-
compliance and negligence in this area,under the provisions of Banking
Companies Ordinance, 1962.
REGULATION M-2
ANTI-MONEY LAUNDERING MEASURES
REGULATION M-3
RECORD RETENTION
2. Banks/DFIs shall keep records on the identification data obtained through the
customer due diligence process (e.g. copies or records of official identification
documents like passports, identity cards, driving licenses or similar documents),
account files and business correspondence for at least five years after the
business relationship is ended.
REGULATION M-4
CORRESPONDENT
BANKING
REGULATION M-5
SUSPICIOUS
TRANSACTIONS
2. If the bank/DFI suspects, or has reasonable grounds to suspect, that funds are
the proceeds of criminal activity or terrorist financing, it should report promptly, its
suspicions, through Compliance Officer of the bank/DFI to Director General,
Financial Monitoring Unit, Karachi. The report should contain, at a minimum, the
following information:
The State Bank has been encouraging banks/DFIs to make use of technology
and upgrade their systems and procedures in accordance with the changing
profile of various risks. Accordingly, all banks/DFIs are advised to implement
systems which could flag up unusual patterns of transactions so that suspicious
transactions can be reported. The existing list of examples of suspicious
transactions at Annexure-IX is supplemented with the
3. The employees of banks/DFIs are strictly prohibited to disclose the fact to
the customer or any irrelevant quarter that a suspicious transaction or related
information is being reported for investigation.
REGULATION 0-1
UNDERTAKING OF CASH PAYMENTS OUTSIDE THE BANK'S
AUTHORIZED PLACE OF BUSINESS
2. Banks may do collection and payment of cash for their prime customers
through cash carrying companies registered with the relevant Government
department. This facility should, however, be provided through designated
branches of the banks and after the banks have devised procedures
including necessary security measures.
REGULATION 0-
2 WINDOW
DRESSING
REGULATION 0-3
RECONCILIATION OF INTER-BRANCH ACCOUNTS AND
SETTLEMENT OF SUSPENSE ACCOUNT ENTRIES
REGULATION 0-4
MAINTENANCE OF ASSETS IN PAKISTAN
Every bank/DFI shall maintain in Pakistan not less than 80% of the assets
created by it against such time and demand liabilities as specified in Part- A of
Form X (prescribed under Rule 17 of the Banking Companies Rules, 1963).
Accordingly,assets held abroad by any bank/DFI shall not, at any point in
time,exceed 20% of its time and demand liabilities specified in the said
Form X. All other assets financed from sources other than time and demand
liabilities specified in the said Form X shall be held within Pakistan.
REGULATION 0-5
FOREIGN CURRENCY DEPOSITS UNDER FE 25-1998
REGULATION 0-1
UNDERTAKING OF CASH PAYMENTS OUTSIDE THE BANK'S
AUTHORIZED PLACE OF BUSINESS
2. Banks may do collection and payment of cash for their prime customers
through cash carrying companies registered with the relevant Government
department. This facility should, however, be provided through designated
branches of the banks and after the banks have devised procedures including
necessary security measures.
REGULATION 0-
2 WINDOW
DRESSING
REGULATION 0-3
RECONCILIATION OF INTER-BRANCH ACCOUNTS AND
SETTLEMENT OF SUSPENSE ACCOUNT ENTRIES
REGULATION 0-4
MAINTENANCE OF ASSETS IN PAKISTAN
Every bank/DFI shall maintain in Pakistan not less than 80% of the assets
created by it against such time and demand liabilities as specified in Part- A of
Form X (prescribed under Rule 17 of the Banking Companies Rules, 1963).
Accordingly, assets held abroad by any bank/DFI shall not,at any point in
time, exceed 20% of its time and demand liabilities specified in the said Form
X. All other assets financed from sources other than time and demand
liabilities specified in the said Form X shall be held within Pakistan.
REGULATION 0-5
FOREIGN CURRENCY DEPOSITS UNDER FE 25-1998
4. Banks shall be free to decide the rate of return on deposits mobilized under
FE-25.
5. Banks shall be free to use such deposits for their trade-related activities
provided the exchange risks are adequately covered and a square position is
maintained.
7. Banks will report the equivalent Pak Rupee amount (with a foot note on $
equivalent) of FE 25 deposits utilized for trade related activities under newly
created code No.80-05 of their Weekly Statement of Position submitted to the
Banking Supervision Department.
Section lv and 2 relate to the title and definition. The Head Office of the bank
shall be in Islamabad and it can open regional and other offices with the
approval of SBP. It is not a banking company for the purpose of Banking
Companies Ordinance 1962 or any other law for the time being in force
relating to banking companies. Major functions of KB are to help poor people
and improve their financial conditions. No information or data provided by a
person applying to the KB in connection with any application for financial
assistance or any other service shall be disclosed or used by any member,
auditor or staff member of KB for any purpose other than the purpose for
which it was intended.
• To provide credit with or without collateral security under such terms and
conditions to the poor for all types of economic activities.
• To accept deposits.
• To pay, receive and remit money and securities within the country.
• To carry out surveys and research, and to issue publications and maintain
statistics relating to the improvement of economic condition for poor persons.
As with other Ordinances and Acts, the first and second sections deal with the
title and definitions of the terms used in the ordinance. Microfinance institutions
means a company that accepts deposits from the public for the purpose of
providing microfinance services. Microfinance services means the financial
and other related services specified in the ordinance, the value of which
should not exceed such amount as the SBP may determine from time to time.
Poor person means persons who have meager means of survival ami whose
total income or receipts during a year is less than a minim—i taxable limit set
out in the law relating to income tai
The Licensing, Regulatory and Supervisory Agency
Functions
• To accept deposits.
• To buy, sell and supply on credit to poor persons industrial and agriculture
inputs, livestock,machinery, equipment and industrial raw material and to act
as an agent for any organization for the sale of such goods and livestock.
• To pay, receive and remit money and securities within the country.
• ICCfs Uniform Customs and Practice for Documentary Credits (UCP 600)
are the rules that banks apply to finance billions of dollars worth of world trade
every year.
• ICC Banking Commission designed Uniform Rules for collection which were
last revised in May 1995 and are detailed in ICC publication 522 (URC 522).
• ICC Inco terms are standard international trade definitions used every day in
thousands of contracts. ICC model contracts make life easier for small
companies that cannot afford big legal departments.
the ICC
The International Chamber of Commerce came into existence in 1919 with an
aim that remains unchanged: to serve world business by promoting trade and
investment, open markets for goods and services, and the free flow of capital.
The organization^ international secretariat was established in Paris and
subsequently the ICC International Court of Arbitration in 1923. One year after
the creation of the United Nations in 1945,ICC was granted the highest level
consultative status with the UN and its specialized agencies.
The first Uniform Customs and Practice for Documentary Credits came out in
1933 and the latest version, UCP 600,came into effect in July 1st 2007.
These rules are used by banks throughout the world. A supplement to UCP
600,called the eUCP, was added in 2002 to deal with the presentation of all
electronic or part electronic documents. Another ICC service, the Institute for
World Business Law, was created in 1979 to study legal issues relating to
international business.
How ICC
works
Council
The ICC World Council is the equivalent of the general assembly of a major
intergovernmental organization. The difference is that in ICC the delegates are
business executives and not government officials. There is a federal structure,
based on the Council as ICC’s supreme governing body. The National
Committees name delegates to the Council, which normally meets twice a
year.
National committees and groups
They represent the ICC in their respective countries. The national committees
and groups make sure that ICC takes account of their national business
concerns in its policy recommendations to governments and international
organizations.
The Council elects the Chairman and Vice-Chairman for two-year terms. The
Chairman, his immediate predecessor and the Vice-Chairman form the
Chairmanship. The Council also elects the Executive Board, responsible for
implementing ICC policy, on the Chairman、recommendation. The Executive
Board has between 15 and 30 members, who serve for three years, with one
third retiring at the end of each year.
Secretary General
The Secretary General heads the International Secretariat and works closely
with the national committees to carry out ICC,s work programme. The
Secretary General is appointed by the Council at the initiative of the
Presidency and on the recommendation of the Executive Board.
ICC commissions
Member companies and business associations can shape the ICC stance on
any given business issue by participating in the work of ICC commissions.
These consist of a total of more than 500 business experts who give their time
to formulate ICC policy and elaborate its rules. Commissions scrutinize
proposed international and national government initiatives affecting their
subject areas and prepare business positions for submission to international
organizations and governments. Since 1946, ICC has engaged in a broad
range of activities with the United Nations and its specialized agencies.
Dispute Boards
Dispute Boards (DBs) are normally set up at the start of a contract and remain
in place and are remunerated throughout its duration. Comprising one or
three members thoroughly acquainted with the contract and its performance,
the DB informally assists the parties, if they so desire, in resolving
disagreements arising in the course of the contract and it makes
recommendations or decisions regarding disputes referred to it by any of the
parties. DBs have become a standard dispute resolution mechanism for
contractual disputes arising in the course of mid- or long-term contracts. ICC
Dispute Board Centre International Chamber of Commerce 38 court Albert
ler75008 Paris,France
More than 140 countries (including Pakistan) have signed the 1958 United
Nations Convention on the Recognition and Enforcement of Foreign Arbitral
Awards,known as the "New York Convention11. The Convention facilitates
enforcement of awards in all contracting states. Judicial systems do not allow
the parties to a dispute to choose their own judges. In contrast, arbitration
offers the parties the unique opportunity to designate persons of their choice
as arbitrators, provided they are independent. This enables the parties to have
their disputes resolved by people who have specialized competence in the
relevant field.
Procedure
• The Secretariat then transmits the Request to the other party or parties (the
Respondent), which must send the Answer to the Request, together with any
counterclaim, within 30 days. '
• After receipt of the Request, the Secretary General normally requests the
Claimant to pay a provisional advance intended to cover the costs of
arbitration until the Terms of Reference have been drawn up. Depending on
circumstances, the Arbitral Tribunal proceeds within the shortest possible time
to establish the facts of the case by all appropriate means.
• The Court scrutinizes the draft Award. While not interfering with the
arbitrators1 liberty of decision,the Court may,if necessary, draw the Arbitral
Tribunars attention to points of substance and lay down modifications as to
the form of the Award.
• Once approved, the Award is signed by the arbitrator(s) and notified to the
parties.
Rules of Arbitration
"Any party to this contract shall have the right to have recourse to and shall be
bound by the pre-arbitral reference procedure of the Internation al Chamber of
Commerce in accordance with its rules or a pre-arbitral reference procedure.
"All disputes arising out of or in connection with the present contract shall be
finally settled under the rules of Arbitration of the International
Chamber of Commerce by one or more arbitrators appointed in accordance
with the said rules of arbitration.?f
Article 1
International Court of Arbitration
The Court of Arbitration is a body attached to the ICC. Its members are
appointed by the World Council of the ICC. The function of the court is to
provide settlement by arbitration of business disputes of an international
character in accordance with the rales of arbitration of the ICC. If so
empowered by an agreement, the court shall also provide for settlement by
arbitration in accordance with these rules of business disputes not of an
international character.
Article 2
This article deals with notification or communication, and time line. Article 4
This article deals with requests for arbitration. If a party is willing to have
recourse to arbitration, advice is given as to how to proceed and contact ICC
Secretariat. Date of receipt of request shall be treated as the date of
commencement of "arbitral proceeding”. Request should contain name and
address of each party,nature arid circumstances of dispute, statement of
the relief sought and indication of amount claimed, relevant agreement and
arbitration agreement, details regarding numbers of arbitrators or any choice
of an arbitrator, place of arbitration.
Articles 5
This Article relates to the answer to the request / counterclaims. Within 30
days of receipt of the request at ICC Secretariat, the respondent shall file an
answer which should contain name and address of each party, nature and
circumstances of dispute, statement of the relief sought and indication of
amount claimed,relevant agreement and arbitration agreement, details
regarding numbers of arbitrators or any choice of an arbitrator, place of
arbitration. The Secretariat can grant the respondent an extension of time for
filing the answer.
Article 6
This Article relates to the effects of the arbitration agreement. Generally the
date of commencement is taken as the date of arbitration proceeding, unless
the parties set rules for the date of their arbitration agreement. If the
respondent does not file an answer or any party raises one or more plea(s)
regarding existence, validity or scope of the arbitration agreement, the court
may decide without prejudice to the admissibility or merit of the plea or pleas
that the arbitration shall precede if it is satisfied that an arbitration under the
rules may exist. If the court is not satisfied, the parties shall be notified that
arbitration cannot proceed. If any of the parties refuses or fails to take part in
the arbitration or any
Article 7
This Article relates to the general provisions related to the arbitral tribunal such
as:
Article 11 deals with the challenge of arbitrators. The court shall decide on the
admissibility, and if necessary on the merits of a challenge,take point of view
of arbitrator concerned, and other party or parties and any other member of
the tribunal, and such comments shall be communicated to the parties and
the arbitrators.
Article 26 deals with award by consent, that is, if parties reach a settlement
after start of proceeding, it shall be recorded in the form of an award.
Article 27 deals with the scrutiny of the award by the court. Article 28 deals
with notification, deposit, and enforceability of the award.
Article 29 deals with correction and interpretation of the award. This means on
its own initiative the arbitral tribunal may correct a clerical, computational,
typographical error contained in the award. Such correction must be submitted
to the court within 30 days of the date of such award.
It is beneficial for financial institutions to obtain credit ratings from the leading
credit rating agencies due to the following reasons:
• Credit rating will be mandatory for all Banks/NBFIs w.e.f. June 30 2001. ,
• The credit rating will be an ongoing process, i.e. credit rating should be
updated on a continuous basis from year to year and the rating report
be submitted to the State Bank of Pakistan within a period of one month
of the last notification of rating.
SBP criteria for External Credit Assessment Institutions (ECAI) SBP has
prescribed criteria for External Credit Assessment Institutions (ECAI) for
the calculation of their credit risk. The criteria provide a basis for the
evaluation and recognition of the rating agencies that apply to SBP for
eligibility for the purpose of Basel II. The Securities and Exchange
Commission of Pakistan will continue to remain the supervisory / licensing
authority for credit rating companies in Pakistan and only those credit
rating companies that are duly licensed by SECP under the Credit Rating
Companies Rules, 1995,will be eligible to apply to the State Bank for
Basel II recognition. The credit rating companies incorporated in Pakistan
will also be required to follow the Code of Conduct for Credit Rating
Companies issued by SECP. ECAIs should have in place a methodology
of assigning credit rating that is rigorous, systematic, continuous and
subject to validation. To establish that an ECAI fulfils this primary
• Growth of public expenditure
• Reducing the tax burden
• Fiscal retrenchment in countries that face a higher perceived sovereign
default risk (which is true for some developing countries) tends to be less
3. Convenience denomination
Matching small deposits with large
loans and large deposits with small
loans.
lending/borrowing
Deregulation is the
removal or simplification of
government rules and
regulations that constrain
the operation of market
forces. Deregulation does
not mean elimination of
laws against fraud or
property rights but
eliminating or reducing
government control or
how business is done,
thereby moving toward a
more laissez-faire, free
market.
Financial
Liberalization
Elimination of credit
controls and deregulation
of interest rates means
allowing the market to
handle the process of
intermediation between
savers and investors.
There is no intervention
from the government or its
agencies. There are two
• On demand or
• At sight or on presentation.
• On demand or
• At sight or on presentation.