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National and Global Islamic Financial Architecture:

Problems and Possible Solutions for the OIC Member Countries

116

Financial Statements include: the number and nature of pools maintained by the IBI along with

their key features and risk and reward characteristics; avenues/sectors of economy where

mudarabah

based deposits have been deployed; parameters used for allocation of profit,

charging expenses and provisions etc. along with a brief description of their major

components;

Mudārib

Share (in amount and percentage of distributable income); amount and

percentage of

mudārib

share transferred to the depositors through

hiba

(if any); and profit rate

earned vs. profit rate distributed to the depositors during the year.

Rating Agencies

SBP promotes self-discipline in the financial markets of Pakistan through transparency and

sufficient disclosure by the market participants. All banks/DFIs were required to get

themselves credit rated with effect from June 30, 2001. Specifically, banks are required to have

themselves rated by credit rating agencies approved by SBP and disclose their credit rating

prominently in their published annual and quarterly financial statements. Accordingly,

banks/DFIs continuously get themselves credit rated from credit rating agencies on the panel

of SBP and the rating is updated yearly within six months from the closing date of each

financial year.

Both short and long term ratings are made for all banks including Islamic banks and financial

institutions. Banks and DFIs registered in Pakistan are mainly rated by Pakistan Credit Rating

Agency Limited (PACRA) and JCR-VIS while the foreign banks operating in Pakistan are rated

by Standard & Poor’s, Moody’s, FITCH and JCR-VIS. Most of the banks/DFIs have already made

their credit rating public through print media and SBP has also compiled their ratings for the

benefit of the stakeholders.

It is obligatory for asset management companies to get the unit trust schemes that they

manage rated by a rating agency registered with the SECP. Management companies are also

required to widely disseminate ratings of their funds so that institutional as well as individual

investors may make informed decisions.

4.7.6. Consumer Protection Architecture

Consumer Protection and Financial Literacy

The two principal financial regulators, SBP and SECP, have a primary responsibility to regulate

and supervise both prudential matters and market conducts in their respective areas. In the

banking sector, two main entities responsible for implementing, overseeing, and enforcing

consumer protection with respect to banking products and services are SBP (notably but not

exclusively, the Consumer Protection Department) and the Office of the Banking Mohtasib

(OBM). The SBP has issued regulations and directives to banks covering key aspects of

consumer protection including disclosure, business conduct and dispute resolution. It has also

laid out an ambitious agenda for further strengthening consumer protection in its 10-Year

Strategy for Banking Sector Reforms. (WB 2014, Vol. 2)

The SBP Act, 1956 and the Banking Companies Ordinance 1962 (Section 27) provides broad

powers to the SBP for protecting consumers. SBP should take necessary steps in the public

interest and to prevent any affairs that are detrimental to the interests of the depositors or in a

manner prejudicial to the interests of the banking company. SBP has used these powers