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Financial Sector Legal and Regulatory Toolkit : Part Two: Preconditions and Infrastructure for Financial Sector Development
C. Financial InformationAnother precondition to efficient financial markets is perfect information. In the real world, perfect information does not exist; however, the better the information available, the better financial markets are able to function. As a result, information problems are among the most significant imperfections in financial markets; likewise, information costs are among the most significant transaction costs in financial markets. It has been noted that a central aspect of the global financial crisis has been lack of transparency on financial institutions, markets and products. As a result, much attention is being focused by the G-20 on issues relating to accounting, disclosure and credit ratings. The legal and institutional framework can play a very important role in improving the quality of information available. Effective financial regulation and supervision and the legal infrastructure supporting financial transactions depend on the timely provision of financial information that is understandable and reliable. The development of both financial intermediaries and financial transactions hinges on reliable accounting and auditing standards. The differences in accounting practices among economies and regions, particularly in developing and transition economies, can vary tremendously and obscure the relative financial positions between economies, sectors, and companies in the same industries.
The key actors in the development of internationally acceptable accounting standards are the International Accounting Standards Board (IASB) and the International Organization of Securities Commissions (IOSCO). Formed initially in 1973 by agreement among the accounting bodies of ten industrialized countries, the IASC was renamed the IASB in 2001 and is working towards harmonizing and improving accounting principles. The IASB's overall objectives are to formulate, publish, and promote international accounting standards (IAS) to be observed in the presentation of financial statements and to work generally for the improvement and harmonization of regulations, accounting standards, and procedures relating to the presentation of financial statements. (IAS issued since 2001 have been named International Financial Reporting Standards (IFRS). These standards are not binding on nations or the IASB members themselves, and the IASB has no enforcement authority. In the area of international accounting standards for financial reporting connected with stock exchange listings, the barriers created by the lack of a single financial language are especially significant to the process of international capital formation. Following is a list of forty core standards, which can be grouped into five major categories: The IASB core program has been approved by IOSCO, reviewed and largely recommended by the Basel Committee and included as one of the key standards for sound financial systems by the FSF. In addition, they have been accepted for international offerings and listings by a wide range of stock exchanges around the world. The role of the IASB and their core standards is likely to increase. This increasing importance of the IASB and IAS is highlighted by the EU decision to adopt these standards for financial reporting by EU listed companies and the current discussion in the United States regarding greater acceptance of the use of IAS by foreign issuers.
As with accounting standards, the key international initiatives have also been led by international financial organizations, in this case the International Federation of Accountants - International Auditing Practices Committee (IFAC). The IFAC, organized in 1977, is an international organization of national accountancy organizations representing accountants. The IFAC organization includes, inter alia, the International Auditing Practices Committee (IAPC), which is charged with the responsibility of developing and issuing guidelines on generally accepted auditing practices and the content of audit reports. The IFAC is charged with the responsibility of developing and issuing guidelines on generally accepted auditing practices and the content of audit reports. Unlike the IASB, the IAPC has compiled and codified a complete set of International Standards on Auditing. The Standards are comprehensive and seem to be gaining greater acceptance. (Oliverio & Newman, 1997) ISAs are broken down into nine categories: Idealy, the development of credit rating systems and agencies serves similar functions in that they decrease the need for initial research and subsequent monitoring, thereby reducing the cost of credit and increasing lending and loan maturities. However, given the significant role played by credit rating agencies in the context of the current global financial crisis, many of these previously held assumptions are now being debated and in many cases rethought. IOSCO is taking a leading role in this process. A 2003 study [ PDF ] analyzed this issue and found that The only international standards to emerge so far in this area are from IOSCO, and these are The IOSCO principles for the activities of credit rating agencies include four principles dealing with (i) quality and integrity of the rating process, (ii) independence and conflicts of interest, (iii) transparency and timeliness of ratings disclosure, and (iv) confidential information. The Code of Conduct further develops the ideas in the Principles in the context of credit rating agency self-regulation. As such, the Code of Conduct is also divided into four areas: New standards in this area are currently being developed and are likely to emerge in the near future. Office of the General Counsel
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