III. Matters that Should be Addressed - Towards a Market that Clearly Reflects Users' Choice

(1) In consideration of the above transformation in the financial environment and the aim of reforms, it is thought necessary to discuss what items should be taken up, with users' benefit in mind, in terms of both financing and asset management, while acknowledging that the vertically divided regulatory system makes less and less sense.

Important to this approach, is providing users various choices and carrying out diverse transactions in an environment thoroughly consistent with principle of competitiveness: in other words, to establish fair, efficient and internationally standardized markets that properly reflect users' preference. In the above process, it is necessary to tackle various tasks arising in the reform from the perspective that new entries to the banking business will bring dynamism and also is effective for the vitalization of markets.

To achieve this, the liberalization and the diversification of financial products and financial institutions' business scope and organization are imperative. At the same time, establishing infrastructure, as well as defining rules and penalties, for financial market and transactions so that financial transactions occur subject to proper market discipline is required. Securing financial system soundness is also an important task in the process of reform, as well as taking measures that complete the introduction of the principle of competition.

The supervisory authority is required to transform its methods from unofficial preventive supervision to a transparent one that is based on market discipline.

(2) It is also important that the results of the reform be spread throughout the country for users' benefits, and financial institutions are expected to contribute to the vitalization of each regions' economy by providing appropriate services.

(3) This financial system reform will complete the previous reform of 1993. The basic philosophy and direction of the previous reform should be seen as the basis for carrying out this reform. Therefore, matters that have already been addressed in the Council report, "On a New Japanese Financial System" in 1991, must be implemented as soon as possible, according to the report's recommendations.

1. Liberalizing and Diversifying Products, Businesses, Organizational Structures

(1) To implement the financial system reform for the benefit of users and to encourage the convenient and efficient distribution of financial services, it is necessary to have an environment in which each financial institution can make the most of their creativity and compete with each other subject to market discipline. To realize such an environment, drastic liberalization and diversification in financial institutions' products, businesses, and organizational structures are necessary.

(2) Liberalization and diversification of products, businesses, and organizational structures will give financial institutions a wide range of free choices in their businesses. It cannot be denied that liberalization has been piecemeal. Because many financial institutions were inclined to start newly permitted businesses with each reform, their business structures have tended to be basically the same. On the contrary, in this financial system reform, a financial institution will be required to concentrate its business where it has comparative advantage for users, because the range of possible choices will be greatly widened in a prescribed (short) period.

(3) As discussed above, it is thought that, based on its managerial judgment, each financial institution, in the future, will respond to its users' needs by conducting unique and creative businesses, that makes full use of its advantage. For example, a financial institution that aims to be a so-called money-center-bank will characteristically offer highly sophisticated financial services that freely utilize the latest financial and information technology as well as expanding its business internationally, while institutions that aim at engaging in retail or regional business will offer individualized services for each of its users.

(4) It was pointed out in our discussions that appropriate rules for ensuring financial institutions' sound management, that counterbalance the widened range of products and business operations they are permitted to handle, are naturally required.

2. Preparing the Infrastructure and Rules for Markets and Transactions

(1) As is central to its role, the financial authorities need to create infrastructure and rules, to prepare the environment in which both financial institutions and users actively conduct transactions, in addition to pursuing comprehensive deregulation. By quickly advancing these matters with an international standard continually in mind, the international competitiveness and the transparency of the financial markets will be increased.

(2) The increased market competition among financial institutions means that gaps between financial institutions' management soundness will occur easily; and the market will act as a check on the soundness of each institution's management. In a free and effective market, the cost of funds for a financial institution that lacks credibility or risk management ability would necessarily go up, and the institution would eventually be expelled from the market. In addition to deregulation, it is necessary to enhance the disclosure, accounting and related legal systems which are vital to facilitating the market's monitoring function. In particular, the disclosure system should be reviewed continuously, in light of current practice and the Prompt Corrective Action that is soon to be introduced. It is also thought to be necessary to examine how to ensure neutral rating agencies.

(3) At the same time, progress in liberalization forces users to cope with risks that are incidental to diversified and sophisticated financial services. Users are required to act basically under the principle of taking responsibility as market participants, and this notion must permeate the marketplace. On the other hand, as individuals' technical knowledge and the ability to bear the burden of losses in financial transactions is limited, it is necessary to prepare adequate user protections. Effort should be exerted to disclose appropriate information in plain form in order that users are able to correctly understand the nature of various financial products, etcetera.

(4) To ensure sound financial systems in the course of liberalization, and to establish a transparent and fair financial market, it is necessary to enhance the inspection and supervision systems. To secure the effectiveness of the inspection and supervision systems, strengthening the penalties for making false reports, etcetera. should be considered.

3. Securing the Financial System's Soundness

(1) In the late 1980's, financial liberalization progressed under the trend of surplus funds, many financial institutions expanded their businesses without adequate risk management. As a result of the extreme rise and fall of asset prices, a large amount of assets turned into bad loans.

However, the total amount of those bad loans, and the amount necessary to be disposed of, are decreasing steadily. Although some financial institutions may be in difficulty, the financial sector as a whole seems to be able to solve the bad loans problem.

The financial system reform may cause various difficulties to those institutions that are pressed in the post-bubble economy. However, the reform is vital for financial institutions' users and for the Japanese economy in the twenty-first century. Therefore, the reform has to be carried out, on the one hand, while the financial institutions' bad loans are disposed of, on the other.

(2) This time, the financial system reform will cover a broad range of matters that affect banks, securities companies, insurance companies and Non-banks, and thus necessarily includes the revision of the accounting, legal and tax systems. When considering that the organizational reform of financial administrative bodies, and the reform of the Bank of Japan are progressing at the same time, the effect of these reforms is expected to be much larger than the reforms that took place in other countries, such as the Big-Bang in the UK. As the liberalization will bring an increase in new business and intense competition, each financial institution is required to expend great effort on establishing risk management systems so that the reform for users may not bring instability instead of benefits. Risk management systems are also important to strengthen financial institutions' business management.

(3) Since competitions will become tougher, there may be banks that are in financial difficulty and forced to leave the market as a result of the course of their business. The framework to protect all deposits and allow depositors not to share any cost of disposal of future bank failures, until the end of the financial year 2000, was established by the so called three financial acts.

However, according to the FSRC's report, titled "Measures for the Maintenance of Stability in the Financial System", issued in December 1995, preparation of the environment in which depositors are required to take responsibility needs to be finished by the end of the financial year 2000. The report also suggests that paying off depositors will be one of the possible measures in a bank failure, though consideration must be paid to its effect on the credit system.

(4) In this regard, introduction of the Prompt Corrective Action ("PCA" hereinafter) is planned. PCA is a new market-oriented supervisory tool to ensure the sound management of financial institutions. The introduction of PCA, that is based on each financial institutions' self-assessment, is expected to urge financial institutions to improve their management in a timely and quick manner, based on the principle of taking responsibility.


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