Description:
This paper canvasses the trends in
self-regulation and the role of self-regulation in
securities markets in different parts of the world. The
paper also describes the conditions in which self-regulation
might be an effective element of securities markets
regulation, particularly in emerging markets. Use of
self-regulation and self-regulatory organizations is often
recommended in emerging markets as part of a broader
strategy aimed at improving the effectiveness of securities
regulation and market integrity. According to the
International Organization of Securities Commissions,
reliance on self-regulation is an optional feature of a
regulatory regime. Self-regulatory organizations may support
better-regulated and more efficient capital markets, but the
value of self-regulation is again being questioned in many
countries. Forces such as commercialization of exchanges,
development of stronger statutory regulatory authorities,
consolidation of financial services industry regulatory
bodies, and globalization of capital markets are affecting
the scope and effectiveness of self-regulation -- and in
particular the traditional role of securities exchanges as
self-regulatory organizations.The paper reviews different
models of self-regulation, including exchange
self-regulatory organizations, member (or independent)
self-regulatory organizations, and industry or dealers
associations. It draws on examples of self-regulatory
organizations from many markets to illustrate the degree of
reliance on self-regulation, as well as the range of
functions for which self-regulatory organizations are
responsible, in markets around the world. Issues that are
important to the effective operation of self-regulatory
organizations are discussed, such as corporate governance,
managing conflicts of interest, and regulatory oversight by
government authorities.