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Disclosures to Promote Transparency and Market - IFSB

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86. When information on the soundness of an IIFS <strong>and</strong> its counterparties is promptly<br />

reflected in the prices of the IIFS’s securities that are traded (for example, an IIFS’s<br />

issued equity or Sukūk), or in the prices of claims on major IIFS counterparties, such<br />

price information can provide signals that permit the holders of such instruments <strong>to</strong><br />

intervene <strong>and</strong> dem<strong>and</strong> management changes. An aspect of this form of market discipline<br />

is the existence of a well-functioning market for corporate control, which can facilitate<br />

takeovers of financial firms for the purposes of restructuring. Forward-looking market<br />

price signals can also complement the information on an IIFS’s risk profile <strong>and</strong><br />

soundness relied upon by supervisors that will trigger timely action <strong>to</strong> reduce risks or<br />

raise capital. Thus, market price developments can both complement <strong>and</strong> facilitate<br />

effective supervision.<br />

87. Even if markets provide good signals, their effect on IIFS’s behaviour depends<br />

upon the incentive structures <strong>and</strong> governance mechanisms that enable stakeholders <strong>to</strong><br />

exert pressure on the Board, in turn resulting in actions by management <strong>to</strong> behave<br />

prudently. Thus, well-designed corporate governance mechanisms for IIFS serve as key<br />

fac<strong>to</strong>rs in making market discipline effective.<br />

1.3 Availability of external credit assessment institutions <strong>and</strong> other information<br />

service firms (investment advisors, investment research firms, credit bureaus, etc)<br />

can facilitate effective disclosures <strong>and</strong> enhance market discipline.<br />

88. Such institutions can help <strong>to</strong> assimilate <strong>and</strong> synthesise available disclosures in<br />

order <strong>to</strong> provide ratings of obligors <strong>and</strong> instruments, indicate changes in ratings due <strong>to</strong><br />

new information, <strong>and</strong> summarise <strong>and</strong> assess risk-return information for the benefit of<br />

inves<strong>to</strong>rs. The availability of ECAIs that can consider the specific operational features of<br />

Islamic finance instruments is also an important requirement for the application of the<br />

St<strong>and</strong>ardised Approach <strong>to</strong> capital adequacy under the <strong>IFSB</strong>’s Capital Adequacy St<strong>and</strong>ard<br />

for IIFS.<br />

89. Appropriate measurement <strong>and</strong> disclosure of credit <strong>and</strong> equity risks in various<br />

Islamic finance facilities can be achieved from institutional arrangements for systematic<br />

data collection, including establishing credit (<strong>and</strong> equity) registries. Such registries for<br />

Islamic finance facilities can be developed by including Sharī`ah-compliant financing<br />

contracts in existing credit registries or by developing registries specifically for Sharī`ahcompliant<br />

contracts. Appropriate adaptations of credit registries can help in strengthening<br />

credit risk measurement, which is needed in order <strong>to</strong> adopt the advanced capital<br />

measurement approaches <strong>and</strong> associated disclosures envisaged in the new Basel<br />

Capital Accord.<br />

1.4 A programme of inves<strong>to</strong>r <strong>and</strong> stakeholder education, <strong>and</strong> more broadly,<br />

consumer education, contributes <strong>to</strong> inves<strong>to</strong>r protection <strong>and</strong> stakeholder<br />

awareness, <strong>and</strong> enhances market discipline through better-informed investment<br />

<strong>and</strong> financing decisions.<br />

90. Inves<strong>to</strong>r (<strong>and</strong> consumer) education can be seen as a <strong>to</strong>ol <strong>to</strong> enable inves<strong>to</strong>rs <strong>to</strong><br />

underst<strong>and</strong> better both the returns <strong>and</strong> the risks from various financial products, <strong>and</strong> <strong>to</strong><br />

help make investment <strong>and</strong> financing decisions that best suit their circumstances <strong>and</strong> the<br />

needs of the IIFS’s counterparties. Inves<strong>to</strong>r education is not a substitute for effective<br />

supervision, or for properly tailoring the disclosures <strong>to</strong> the type of counterparty.<br />

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