Finance companies to fuel economic growth
The 2008 financial crisis in Sri Lanka will go down in history as an
averted crisis, due to the timely steps taken by the regulator. Its
genesis was similar to the earlier ones, where one or two major finance
companies failed. In earlier instances the collapsed companies were
closed, and depositors lost their money, with no protection from any
source.
In 2008, the crisis hit the market with the collapse of unregulated
financial entities which accepted public deposits through Ponzi schemes
despite warnings given by the regulator from time to time.
In Sri Lanka not a single finance company was allowed to wind up its
operations by the regulator which provided guidance to resurrect its
operations and pay depositors in licensed finance companies. Directors
and their management were made personally liable by the new regulations
to ensure the resurrection of the companies.
It was the Central Bank of Sri Lanka that averted the crisis with
timely action. Unlike in the US, tax payers' money was not used to bail
out anybody.
The Central Bank simply used the public goodwill of State and private
banking institutions to restore credibility, by appointing managing
agents. The strategy by the Central Bank was to transfer the public
goodwill of credible public and government brands, to be associated with
the affected institutions; this has helped regain the lost credibility
of affected LFCs.
Of course the immediate 'fire fighting' was followed by restructuring
the managements, and the Boards of Directors, and it is to the credit of
the Central Bank and the Monetary Board that the rehabilitation packages
are working, slowly, but steadily.
The crisis in Sri Lanka, came in wake of the mega scale financial
crisis in the USA markets, with one of the biggest names in finance,
Lehman Brothers, failing, and panic overtaking the financial markets,
only to be bailed out by the US Federal Reserve Bank (Central Bank) by
injecting US$ 9 billion of tax-payers' money into the system.
In the US, money and capital markets collapsed, millions lost jobs,
and millions of foreclosures in housing loans deprived the average man
of their lifetime savings. The crisis spilled over to the rest of the
world, and threw the global economy into a recession.
In that context, Sri Lanka not only averted the spillover from the
global crisis, but also tactfully handled its own local crisis without
severe casualties in the regulated financial sector.
It is in that context the Central Bank has now intensified and broad
based the regulatory framework for licensed finance companies (LFCs),
ensuring their sustainability, stability and public confidence.
'The Finance Company Act of 1988' was repealed and replaced by the
'Finance Business Act No. 42 of 2011' and LFCs were required to secure
listings in the Stock Market and maintain Liquidity Ratios, Core Capital
and Capital Adequacy Ratios, in addition to introducing a mandatory
Deposit Guarantee Scheme which is now in effect, providing additional
comfort to depositors.
The Central Bank has also approved a credit guarantee scheme for bank
loans for LFCs that have severe liquidity constraints. LFCs also are
subject to regular direct on-site supervision by the Central Bank, and
are backed up with off-site supervision through a system of regular
reporting of their operations.
It would be clear from the above, that the LFCs are now on a par with
the licensed commercial banks (LCBs) with respect to CBSL supervision.
The new Code of Ethics brought on by the Finance Houses Association
of Sri Lanka which is a guideline for business operations of member
finance companies in terms of customer services, confidentiality of
information, legal obligations, competitive initiatives, will be used to
further support the Central Bank's efforts to ensure public trust and
confidence.
A media release of the Finance Houses Association |