ECON 460 Lecture Notes - Lecture 5: Canada Deposit Insurance Corporation

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February 5th, 2018
OSFI Continued
Under the Bank Act, banks are incorporated under a special framework; rules parallel to rules for other
types of corporations, but specific rules on ownership, board of directors composition, etc.
---ownership a few people can start a corporation, but not a bank; surprising because big
corporations have a huge effect on the economy, must have power diffused over many share-holders to
maintain public confidence, higher risk when power is concentrated because it a e i soeoe’s
personal interest to declare bankruptcy, no longer possible with many share-holders who have other
assets
Part Nine: Regulation- Superintendent
628: A bank shall provide the superintendent with such information, at such times and in such form as
the superintendent may require.
---this is quite sweeping; access to all information about banks, enforceable in court
644.1 “uperitedet a eter ito a prudetial agreeet ith a ak to iproe its safet
645 Directions of compliance
646-7 Disqualification and removal of directors (this has never happened)
Fro the “uperitedet’s poit of ie, differet reedies orrespod to differet leels of seerit. If
the bank is not functioning, there is the option/threat of director removal. Paradoxical: sends a strong
signal to the public and undermines public confidence
648 Supervisory intervention for a period of 16 days (never occurred)
---theoretiall, a tea fro the superitedet ould sho up i a ak’s offies ad take oer; this
requires an extreme situation in which the bank is not paying its liabilities
It is ot i the regulator’s iterest to oeruse, or ee to use, these ehaiss. This reates a push-
and-pull in which banks will test the limits of what they can do before the regulator invokes certain
reedies, ad reedies hih are ot i the regulator’s iterest go uused.
OSFI is part of a collection of agencies dealing with the Canadian economy; department of finance, bank
of Canada, Canada deposit insurance corporation, financial consumer agency of Canada
---all managed by Minister of Finance
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Document Summary

Under the bank act, banks are incorporated under a special framework; rules parallel to rules for other types of corporations, but specific rules on ownership, board of directors composition, etc. 628: a bank shall provide the superintendent with such information, at such times and in such form as the superintendent may require. --this is quite sweeping; access to all information about banks, enforceable in court. 644. 1 uperi(cid:374)te(cid:374)de(cid:374)t (cid:373)a(cid:455) e(cid:374)ter i(cid:374)to a (cid:862)prude(cid:374)tial agree(cid:373)e(cid:374)t(cid:863) (cid:449)ith a (cid:271)a(cid:374)k to i(cid:373)pro(cid:448)e its safet(cid:455) 646-7 disqualification and removal of directors (this has never happened) Fro(cid:373) the uperi(cid:374)te(cid:374)de(cid:374)t"s poi(cid:374)t of (cid:448)ie(cid:449), differe(cid:374)t re(cid:373)edies (cid:272)orrespo(cid:374)d to differe(cid:374)t le(cid:448)els of se(cid:448)erit(cid:455). If the bank is not functioning, there is the option/threat of director removal. Paradoxical: sends a strong signal to the public and undermines public confidence. 648 supervisory intervention for a period of 16 days (never occurred)

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