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Improving Banking Supervisory Mechanisms

In the OIC Member Countries

46

of OIC countries which is higher than the EU-27 average of 69%. Basel III will remove Tier 3

capital and countries with a composition of capital relying on Tier 3 may need to adjust their

capital regulations which will probably the case for OIC countries.

Figure 36: Legally Allowed Regulatory Capital

Source: World Bank, Bank Regulation and Supervision Survey

4.2.3 Official Supervisory Power

The power of the supervisory authority in implementing and monitoring the regulations is one

of the most important criteria for an effective supervision scheme. These issues are

consolidated in the first category of the core principles. Supervisory power of the regulatory

authority is measured as the ability to gather information from banks and the ability to induce

banks to pursue certain actions.

The index variable measuring the supervisory power is constructed based on the answers of

the following questions: (1) Does the supervisory agency have the right to meet with external

auditors about banks? (2) Are auditors required to communicate directly to the supervisory

agency about elicit activities, fraud, or insider abuse? (3) Can supervisors take legal action

against external auditors for negligence? (4) Can the supervisory authority force a bank to

change its internal organizational structure? (5) Are off-balance sheet items disclosed to

supervisors? (6) Can the supervisory agency order the bank’s directors or management to

constitute provisions to cover actual or potential losses? (7) Can the supervisory agency

suspend the directors’ decision to distribute (a) dividends, (b) bonuses, and (c) management

fees? (8) Can the supervisory agency supersede the rights of bank shareholders and declare a

bank insolvent? (9) Can the supervisory agency suspend some or all ownership rights? (10)

Can the supervisory agency (a) supersede shareholder rights, (b) remove and replace

management, and (c) remove and replace directors? Index values ranges between 0 and 14

where higher values indicate greater power of the supervisory authority.

0%

20%

40%

60%

80%

100%

120%

Which of the following are legally allowed in regulatory capital and which

are the minimum (or maximum) percentages? (percantage of yes)

Tier 1 Tier 2 Tier 3