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As
we meet here today, I think we recognize that there can be
nothing more topical than discussing where Asia is going in the
21st century. Increasingly the world over there is
recognition that this century belongs to Asia and Asia alone.
Recent developments in the economic sphere, in the political
sphere, and I dare say even in the sports arena point to the
emerging supremacy of Asia and Asians worldwide. And it is in
that context that we meet here today to look at where the Asian
markets are headed in the 21st century. I must
compliment the organizers for picking a topic that is clearly
the flavor of this season and hopefully several seasons going
forward.
I
come to you with a regulator’s perspective … Clearly our
markets are growing; growing faster than they grew before and
keeping pace with our economies. At no time in recent history
have countries shown the kind of growth rates Asian economies,
especially the larger economies of Asia have shown in recent
times. What is most interesting and commendable is the fact that
there is clear evidence of these growth rates being sustainable
growth rates…Asian markets are big. Asian markets are growing.
Asian markets are markets in which investors from the world over
have shown increasing interest in recent times. But these are
also markets in which I believe we need to see far more
disclosures than what we have seen until now. We need to see far
more attention paid to reducing asymmetry of information and
that is where I believe researchers and analysts come in. We
need to see clearly, regulation that is moving towards
principles, moving away from the rigidity of the written rule,
and yet not sacrificing the detail that market practitioners
need to have to ensure that their conduct remains on the right
side of law, of rule, of regulation. That
is something which the regulatory community world wide is
working on: the mix, the balance, between principles-based
regulation and rules-based regulation. That clearly is
work-in-progress for Asian regulators.
We
need also to recognize that while we take great pride in the
resilience of our markets, that resilience is largely because
global economic integration has not been as comprehensive as it
might have been. And had it been a little more than it is at
this point of time, problems that took place elsewhere would
clearly have impacted us. We also need to recognize that given
our strengths, given our experience, given our ability to learn
from success and failure, both ours and the experience world
wide, we have to put in place systems, we have to put in place
risk management systems, we have to put in place practices that
are better suited for our markets than we have at present. And
the reason I state this is that in good times it is possible
that we overlook systemic deficiencies. Good times are the best
time in which we need to focus on what could go wrong with
systems in bad times. If we don’t do that … it is entirely
likely that should things go wrong as they sometimes will, we
might find that we did not put in place the measures that we
needed to address some of our problems …
One
of the problems that we need to recognize is that there are
categories of investors from the mature markets who today find
that those markets are not giving them the type of returns that
they got in the past and therefore in search of greener pastures
they have ended up in our backyards … Clearly these are people
that will abandon our markets if our markets don’t continue to
give them the kind of returns that they have given in recent
times. Clearly that will impact on volatility in our markets.
Clearly that will impact on ability to cope with inflows that
are large and sometimes outflows that are larger. We need to
focus on regulatory capabilities. We need to focus on building
within our own organizations, within our own jurisdictions,
functionally autonomous regulators that recognize the need for
clarity in the regulatory process, even handedness in the
regulatory process, natural justice in the regulatory process,
more importantly, continuity in the regulatory process. We can
not have knee-jerk responses by way of regulations to practices
that might take us by surprise… Regulators can no longer
afford in our markets to play black pieces in the game of chess.
You need to anticipate, you need to occasionally make the first
move as people with white pieces do. You need to put in place
your systems anticipating problems rather than respond to them
inadequately and in delayed fashion after the problems have
overtaken you.
We
need to address an area that all of you are familiar with,
namely, conflicts of interest. Conflict of interest is a very
interesting phenomenon. The world over no one spoke of conflicts
of interest till they actually exploded in our face. And we saw
all manner of conflicts of interest … But closer to where you
and I are today, there is a conflict of interest that people in
your profession, in the profession of analysts have to deal with
… Critical to this is the identification and elimination,
avoidance, management, or disclosure of conflicts of interests
faced by analysts: the integrity of analysts and their research,
the education of investors concerning the actual and potential
conflicts of interests that analysts face.
Today, investors in many of our markets are blissfully
unaware of what conflicts of interests can hurt them. And it is
expected that those that are in the business of putting out
recommendations will clearly state where they come from, what
their interests are, what if anything conflicts them in putting
out recommendations that are objective and fair. And I believe
that many in your profession, much as I hate to say this in a
forum like this, can not put their hands on their hearts and
state that the recommendations that go out are entirely
objective, entirely transparent, seek to communicate with
adequate clarity what the intended audience needs to know. There
are occasions when language has been used to conceal thought,
not to express it; when truth has been hidden behind jargon;
when disclaimers and disclosures have represented the two
extremities between which the truth lay, and no one was ever the
wiser because they looked at the disclaimers and disclosures and
never got to where the truth was. How long can investors put up
with this? The danger is that if investors continue to be taken
up the garden path, there will come a time when the profession
of analysts might become irrelevant to the investors’ process
of making informed investor decisions. And recognizing that
danger, recognizing that problem, recognizing that possibility,
I would urge that collectively this profession must address the
need for research that is objective, that is clear, that seeks
to communicate, that does not mislead intentionally or
unintendedly, and which also does a bit of soul searching, a bit
of introspection to see who are those in the profession that
aren’t exactly measuring up and how to deal with those
persons. Self
regulation, peer evaluation, an analysis of who the bad apples
are in the profession and why they need to be weeded out in the
interest of those that are in the profession, is
something that I believe analysts need to do. Work alongside
regulators, who are addressing the same concerns that investors
have and the same concerns that you and everyone else in the
market ought to have, because I believe all of us have one
shared interest and that is an orderly market, a market that
grows at a pace that is sustainable, a market that has value for
everyone who is in it no matter what his or her assigned role is
in that particular market. Are we doing enough in that
direction? I am not even attempting to answer the question; I
believe this conference will take us closer to what we need to
do by way of ensuring that investors get the kind of
recommendations, the kind of advice they need. And while doing
all of this, we must recognize that … there are jurisdictional
variations … We also need I think to recognize that there is a
limit to what regulators, to what government can do. And
therefore there must be industry codes, there must be
self-regulation and all of this must be well thought out and
applied uniformly.
Our
markets also need to have - moving away from what you do and
moving closer to what I am expected to do - much better
enforcement practices and procedures. It has been felt over time
that some of our markets are great play fields where insider
information is disproportionately present and used, where
adequate effort is not being made to deal with problems of
insider information, with market manipulation and things of that
kind. And therefore
we need to arm ourselves, both with the expertise that is needed
and the attitude that will take us to a quick, effective and
speedy resolution of some of these problems. Enforcement action
in our markets has to be much better, much quicker than it is at
this point of time. Some of us must move away from our old
thinking which is that everything ought to be proved beyond
doubt. That is criminal jurisprudence. In our area of work,
preponderance of probability is good enough. And yet you will
find several jurisdictions where enforcement does not reach the
final stage because we are grappling with ultimate truths. The
market can not afford that luxury. We must quickly identify the
mischief makers and deal with them on the basis of preponderance
of probability rather than proving matters beyond the last trace
of doubt.
We
need to ensure that investor education is undertaken in our
jurisdictions at a level consistent with the size of our
markets. The world over, investors have not been given the kind
of attention that they need even though they are critical to the
markets. Regulators, governments, market intermediaries have
chosen to focus on what the interests of issuers are and what
the interests of intermediaries are. And I think it is critical
to recognize that without investors there can be no markets and
that we need to do much more by way of creating a large body of
informed investors, informed domestic investors, who can and
should be the backbone of our markets if these markets are to
continue to grow over time in a sustainable manner. We haven’t
done enough. In India we have decided that calendar year 2008
will be the year in which the government and the regulator will
give the maximum emphasis to investor education. This is going
to be agenda item number one in the twelve months starting
January 2008 and we have already put in place what we need to do
to get started with this particular process. I believe some
markets elsewhere have done the same thing but I would urge you
to persuade your jurisdictions not to look at investor weeks,
investor fortnights or investor months. The problem with
investor weeks and investor fortnights is that for every other
week and fortnight in the year you tend to forget them. They
remain center stage in our thought process only during that week
or that fortnight. We don’t really bother about them for the
rest of the year. Let us have year after year investor years if
our markets are to progress. We are getting started on that in
India and I would urge you to impress on your jurisdictions that
you should do much the same thing if our markets are to remain
the important markets world wide.
There
are some core measures that I wanted to mention ... And the
first is the rules that have to be put in place to prohibit or
regulate analysts from trading in securities or related
derivatives of an issuer that they review in a manner contrary
to their outstanding recommendations … Disclosures by those
seeking to make recommendations are a major problem that we have
to deal with … I think what we need to see increasingly in
markets is the recognition by everyone… that the long term
soundness, safety and stability of the market is the one thing
in which all of us need to invest. If we think we are in it for
the short term, we will destroy markets and more often than not
destroy ourselves in the process. Because sooner rather than
later, enforcement will catch up with you, regulation will catch
up with you, the law will catch up with you. Therefore I would
urge you, advantageously positioned as you are, that alongside
your specific recommendations, you must also get the message
across that the best investment is an investment in the
soundness of the market and that everyone that is associated
with the market must contribute to that soundness in the manner
relatable to his or her role. Where will Asian markets go in the
future? We believe that they will continue to be the markets
that will most interest investors world wide. But without
sitting back, without resting on our oars … systems need to be
looked at critically to see whether there is any tweaking, any
refinements that needs to be done. And if that happens, not just
the 21st century but every century thereafter will be
Asia’s.
I
want to close with one observation that I heard a couple of
months ago in the United States. I was in a forum in which most
of the participants were from the developed or matured markets
… And in that forum one person representing a multilateral
organization made a comment which captured some of what happened
in the past and what ought not to happen in the future. He said,
when the emerging markets have a problem, you have diagnosis in
the morning, prescription in the afternoon and treatment by
evening; when mature markets have a problem, even the diagnosis
seems to be taking not years but decades and we seem to be
telling ourselves: we don’t know what went wrong, we don’t
know why things went wrong, we don’t know who contributed to
the wrongdoing, we don’t know whether we have seen the problem
in its entirety or how it will play out, and we don’t know
what if anything we as regulators ought to do to deal with this
problem. That kind of helplessness that exists in some parts of
the world following problems that have recently arisen in their
backyards, is not the kind of helplessness that should inform
our decision making processes as we go forward. And if we have
to guarantee ourselves that that does not happen in our
backyards, we need to address what we need to do at this point
of time. Therefore while there is hope, there is optimism, there
is every indication that this will be our century, that we will
provide the leadership roles going forward, we need to see that
this is the time that we build on our strengths rather than sit
back.
I
want to give you just one number and close. In the year 1820 …
India and China accounted for nearly half of the world’s
output. By 2050, there is an expectation that these will become
the first and the third largest economies of the world. 1820 to
2050; we are nearly there; because from 1820 to 2007 is much the
longer part of that journey, 2007 to 2050 is much the shorter
part. We might not have half the world’s trade but we’ll
clearly be two of the more important economies, and alongside
Japan, which is already the second largest economy in the world,
I believe Asia will present the dominant face of economies world
wide.
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