Credit rating of Banks/ DFIs
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Under the legal framework, the Bank has been entrusted with necessary powers and mandate mainly under the State Bank of Pakistan Act 1956, the Banking Companies Ordinance 1962, Microfinance Institutions Ordinance 2001 and the Foreign Exchange Regulation Act, 1947 and other laws to regulate and supervise the activities of banks, development finance institutions, microfinance banks, foreign exchange companies and other regulated institutions. These laws are regularly reviewed and updated to address the changing environment.
The regulatory framework comprises a set of policies, guidelines, prudential standards and allied processes which cover the following key areas:
In terms of section 42A of Banking Companies Ordinance (BCO), 1962, the State Bank of Pakistan (SBP) has been designated a Resolution Authority (RA) for banks and institutions specified under section 3A of BCO. Being RA, SBP is responsible for ensuring the orderly resolution of financial institutions facing severe financial distress or failure. SBP’s resolution regime aims to contribute to the stability of financial system and protection of depositors’ interest. To undertake its statutory function as a resolution authority, SBP has instituted comprehensive frameworks for conducting resolution planning, resolvability assessment, preparing institution specific resolution plans and implementing the resolution tools (Bail-in, Reconstruction, Amalgamation, Bridge Bank, Liquidation) in the event a bank meets the conditions for entry into resolution.
SBP regularly reviews and updates its resolution frameworks in the light of changing market dynamics and emerging best practices to ensure that resolution objectives are achieved in an effective and prudent manner.
Enforcement actions depend on the nature, severity, and persistence of regulatory breaches, as well as the risks posed by an institution, and may range from mild to severe. The nature of intervention or corrective action also takes into account the conduct and capability of an institution's management and sponsors, as well as its previous record in addressing identified deficiencies. Supervisory and enforcement actions may, inter alia, include meetings between the State Bank of Pakistan (SBP) and the relevant key executives, Chief Executive Officer, or Board of Directors of the institution
As part of its mild supervisory and enforcement actions, SBP advises the institution to submit Commitment Letter, Board Resolutions or Undertaking in which management through the Board of the institution resolves to rectify the identified deficiencies or weaknesses within a given time. Failure to implement the required corrective actions may result in the initiation of more severe enforcement measures. Severe actions may include:
The guiding principles for resolution of problematic institutions include early identification of the problems, early intervention, cost-efficiency, objectivity and consistency of criteria, avoidance of moral hazard, and transparency. Over the years, SBP has resolved banking crisis and failures through the option which provides the greatest safeguard of depositors’ interest. ”
SBP takes supervisory enforcement actions against those institutions that fail to comply with legal or regulatory requirements. These actions may range from imposition of penalties, administrative & financial sanctions and reference to concerned law enforcement/prosecution agencies.
The enforcement actions depend upon the nature, severity and continuity of regulatory breaches and risks posed to the institution and may range from mild to severe. The nature of intervention or corrective actions also takes into consideration behavior and ability of the institution’s management and sponsors, and the previous record of dealing with deficiencies. Supervisory enforcement actions, inter alia, include meetings with the relevant Key Executives, Chief Executive or Board of Directors of the institutions by SBP’s team.
In the mild supervisory and enforcement actions, SBP advises the institution to submit Commitment Letter, Board Resolutions /Undertaking in which management/Board of the institution resolves to correct the identified deficiencies or weaknesses within a given time. The failure to implement corrective actions by the institutions leads to initiation of severe corrective measures. Severe actions may include: