法搜网--中国法律信息搜索网
中美银行监管制度比较研究

  When a problem is found within a particular area of a bank, examiners offer recommendations for improvement; however, penalties can be assessed for significant noncompliance.
  Over the long run, bank supervisors can use the on-site examinations process as a catalyst for changing the fundamental ways in which banks operate by recommending actions for financial institutions to upgrade their operations. This usually involves the strengthening of management systems in banks, including written policies and procedures, formalized planning and budgeting, internal controls and audit procedures, management information, and loan review.
  4. Offsite supervision and credit information
  The advent of the “information age” has brought a new bank supervision technique: offsite bank surveillance systems for the collection and interpretation of regular reporting returns and other statistical data. A critical component is effective offsite supervisory capacity. Offsite monitoring systems complement examinations’ focus on the bank’s current condition, e.g. credit, income, and capital, and are designed to accomplish a number of objectives. Foremost, they serve as an “early warning device” to detect emerging bank financial problems. At a more aggregate level, offsite surveillance systems employed by regulatory authorities can monitor the financial condition and the performance of the entire banking system. The aggregate data offer evidence on the condition of the banking system-and show changes or shifts that might require prompt adjustments in overall bank monetary or supervisory policy.
  The offsite surveillance in the U.S. and analysis can serve as illustration of the process. Offsite analysis precedes onsite examinations and inspections. This offsite system is used as well in evaluating application filed for mergers and acquisitions. The regulatory agencies prepare a Uniform Bank Performance Report (UBPR), which is an analytical tool created for offsite surveillance and monitoring. Examiners can use this report to further their understanding of a bank’s financial condition and go on to identify risk areas. Bank examiners uninterruptedly run after banks’ financial conditions, to find out potential problems in good season. To the problem banks, offsite examiners will implemented particular surveillance, make a very detailed supervisory plan, including requiring banks to increase the frequency of reporting, closely tracking banks’ outstanding achievements and financial conditions and helping banks to frame the remodeling measures.
  The success of an offsite system hinges on several elements. First, the accuracy and timeliness of the data submitted by banks. Second, the technology used to capture the data and compile the comparative ratios, trend analyses and percentile ranks relative to peers. Finally, the analyst makes a judgment based on a variety of financial ratios and trends, and combines the findings to offer compelling evidence of a specific bank’s financial condition.
  Regulation and supervision are one element of the institutional infrastructure for sound banking. In many developing countries, the capacity to evaluate credit risk is hampered by the absence of audited Financial Statements that meet International Auditing Standards. Further, credit markets in developing countries suffer from lack of credit discipline. Poor credit performance is attributable not only to adverse economic conditions, but also to the lack of credit discipline in the system. Many banks, foreign and domestic, involved as creditors had limited knowledge of borrowers’ total loans or total number of creditors. The benefits of transparency are evident and the role of Credit Information Systems essential.
  5. Comprehensive credit auditing
  First of all, to thoroughly examine banks’ formal loan policies and the situation how director of management implements them. Next, to evaluate the quality of every single loan provided. The steadiness of loan operation plays an important role in the soundness of the whole banking system. U.S. accounting and auditing standards are central to the integrity of its financial system. They are also important to the Federal Reserve’s efforts to supervise and regulate banking organizations.
  Financial Accounting Standards Board (FASB) standards and proposals affecting banks have been issued at a blistering pace in such areas as loan-loss accounting, asset securitization, mortgage servicing, securities activities, and derivatives. Bankers and examiners have felt the impact of these accounting developments and have seen business strategies and transaction types change as a result.
  The Federal Reserve recognizes that accounting, auditing, and disclosure play a crucial role in the financial marketplace. Accounting standards provide the foundation for credible financial statements and other disclosures that are key means for communicating a firm''s operating results and its overall health, as well as for making more transparent various operating activities. Disclosure of reliable information facilitates market discipline, strengthens confidence, and reduces the chance that misleading information could cause market instability. Such results have obvious implications for supervisors'' abilities to oversee the safety and soundness of depository institutions and for the Federal Reserve in its responsibilities for financial market stability.
  6. Consumer protection
  Customers deposit money in a bank, and then the bank makes loans with these deposits to qualified borrowers. Whether a customer deposits money in a bank or applies for a loan, there is a lot of information to consider. For instance, let’s say you deposit money into a savings account at a local bank. What minimum balances are you required to keep? Also, are you charged a penalty if your account falls below the minimum amount? When you apply for a loan for a used car, do you know if the interest rate is allowed to vary, or is it fixed for the life of the loan? If it is allowed to vary and interest rates go up, the total amount of interest you owe will increase.
  Banks are required to provide customers clear and accurate information about services, such as savings accounts, loans and credit cards. For example, a bank’s brochure for a savings account should include information on any minimum balance required, monthly service fee and the average percentage yield. In addition, the Truth in Lending Act requires banks to disclose the finance charge and the annual percentage rate so that a consumer can compare the prices of credit from different sources. It also limits liability on lost or stolen credit cards. These laws ensure that consumers and banks make decisions based on the same information.
  If consumers have a complaint about a financial institution they can contact the Federal Reserve. Together with the twelve Federal Reserve Banks, the Board of Governors can answer questions about banking practices and investigate complaints about specific banks under its supervisory jurisdiction.
  7. Community Reinvestment


第 [1] [2] [3] [4] [5] [6] [7] [8] [9] 页 共[10]页
上面法规内容为部分内容,如果要查看全文请点击此处:查看全文
【发表评论】 【互动社区】
 
相关文章