Published online by Cambridge University Press: 06 March 2019
This paper examines recent institutional and structural developments relating to unified supervision of financial services in Germany. The main thrust of the academic debate concerning unified supervision of financial services was started in the UK. More recently, international organizations have taken an interest in the subject. Some of the issues confronting countries the world-over with respect to the unified supervision of financial services are whether to adopt unified supervision and, if so, how to structure the institutional and regulatory framework for unified agencies. At the outset, it must be pointed out that issues of regulatory organization are essentially second order issues. Far more important—and the first order issue— is the implementation of financial regulation, in particular supervisory capacity and its quality and the soundness of the legal framework underlying the regulatory process.
1 See, for example, views presented in conference papers presented at a conference in Estonia, Tallin, 2001, appearing in the following publication: The World Bank and Ministry of Finance of the Republic of Estonia, Challenges for the Unified Financial Supervision in the New Millennium, (Tallin: Ministry of Finance, 2001).Google Scholar
2 For example, the World Bank has provided technical assistance to a number of its member countries on this matter. Also, the International Monetary Fund, Asian Development Bank and USAID have shown interest in the subject.Google Scholar
3 See, for example, case studies in: The World Bank and Ministry of Finance of the Republic of Estonia, Challenges for the Unified Financial Supervision in the New Millennium, (Tallin: Ministry of Finance, 2001).Google Scholar
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46 There is a memorandum of understanding facilitating this process.Google Scholar
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56 Ibid.Google Scholar
57 Ibid.Google Scholar
58 Ibid.Google Scholar
59 Ibid.Google Scholar
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63 As an illustration, the World Bank and the International Monetary Fund have started a pilot program of anti-money laundering (and counter-terrorist financing) assessments, using the comprehensive methodology endorsed by both the Bank and Fund Boards, and adopted by the Financial Action Task Force (FATF) for assessing compliance with the FATF 40+8 recommendations.Google Scholar
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69 See, Ibid., pp.1-2.Google Scholar
70 See, Ibid., pp.1-2.Google Scholar
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79 See, Ibid.Google Scholar
80 Ibid.Google Scholar
81 Ibid.Google Scholar
82 Ibid.Google Scholar
83 Ibid.Google Scholar
84 Ibid.Google Scholar
85 Ibid.Google Scholar
86 Ibid.Google Scholar
87 Ibid.Google Scholar
88 Ibid.Google Scholar
89 The first cross-sectoral department, Financial Market/International Issues, deals mainly with cross-sectoral issues concerning financial markets, financial instruments and financial conglomerates. The second cross-sectoral department looks at issues relating to the protection of deposits, investor and consumer protection and retirement provision. The third cross-sectoral department is concerned with combating money laundering and prosecuting cases of illegal financial transactions.Google Scholar
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92 See, Ibid.Google Scholar
93 See, Ibid.Google Scholar
94 See, Ibid.Google Scholar
95 See, Ibid.Google Scholar
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97 Ibid.Google Scholar
98 Ibid.Google Scholar
99 Ibid.Google Scholar
100 Ibid.Google Scholar
101 Ibid.Google Scholar
102 Ibid.Google Scholar
103 Ibid.Google Scholar
104 Ibid.Google Scholar
105 Ibid.Google Scholar
106 Ibid.Google Scholar
107 Ibid.Google Scholar
108 Ibid.Google Scholar
109 Ibid.Google Scholar
110 See, web-site of the German Federal Financial Supervisory Authority at: <<http://www.bafin.de/index_e.htm>>, visited on March 3, 2003.>,+visited+on+March+3,+2003.>Google Scholar
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112 As a policy paper published by the BaFin notes (see, web-site of the German Federal Financial Supervisory Authority, op.cit.), “Before BaFin was founded, Asset Management and its sections belonged to the BAKred. Their responsibilities consist in monitoring both investment companies and financial services institutions as well as the marketing activities of foreign investment companies in accordance with the Foreign Investment Act (Auslandsinvestment-Gesetz). Their tasks being closely related to securities supervision, they were integrated into the third directorate when the supervisory authority was reorganised. The directorate for Securities Supervision/Asset Management is comprised of four departments, one of which includes a separate group. The total number of units in the directorate is 25.”Google Scholar
113 See, web-site of the German Federal Financial Supervisory Authority at: <<http://www.bafin.de/index_e.htm>>, visited on March 3, 2003.>,+visited+on+March+3,+2003.>Google Scholar
114 Ibid.Google Scholar
115 Ibid.Google Scholar
116 Ibid.Google Scholar
117 Ibid.Google Scholar
118 Ibid.Google Scholar
119 Ibid.Google Scholar
120 Ibid.Google Scholar
121 Ibid.Google Scholar
122 Ibid.Google Scholar
123 Ibid.Google Scholar
124 See, Ibid.Google Scholar
125 Freshfields Bruckhaus Deringer, The Financial Services Sector in Europe: Regulatory Investigation and Enforcement Issues in Germany, op. cit., executive summary.Google Scholar
126 Ibid.Google Scholar
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130 See, Ibid.Google Scholar
131 See, Ibid.Google Scholar
132 See, Ibid.Google Scholar
133 See, Ibid.Google Scholar
134 See, Ibid.Google Scholar