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Beata Łopaciuk- Gonczaryk Ethical standards and financial law - Introduction.

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  • Beata opaciuk-Gonczaryk

    Ethical standards and financial law - Introduction.

  • 2

    Presentation outline Basic course information and conditions for receiving a

    credit

    Money and morality / Economics and ethics

    Useful theoretical approaches to study professional standards and rules of law (institutional economics and business ethics)

    From individual financial frauds to global financial crises why ethics matter in the investment profession

    Ethics of an investment profession psychological backgrounds

    Ethics of an investment profession practical implementations

    Bibliography

  • BASIC COURSE INFORMATION

    3

  • 4

    Course information and requirements

    http://www.ekonpol.wne.uw.edu.pl/index.php?n=Dydaktyka.EthicalStandards2014

    office hours: Wednesday, 8.45-9.45, r. 401

    written end-term exam: mix of test & an essay, both theory and practical cases solutions

    exam mostly based on lecture

    recognition of active participation

    additional credit for presentations

    http://www.ekonpol.wne.uw.edu.pl/index.php?n=Dydaktyka.EthicalStandards2014

  • 5

    Course information and requirements (II)

    Exam 80% (max 80 points), Active participation + presentations 20% (max 20 points)

    Active participation during each of the classes - up to 1 point for taking part in discussion + up to 2 points (good presentation = 1 point, excellent presentation = 2 points) for presentation of a case solution (during classes on CFA Institute Standards)

    Presentations (10 MINUTES) up to 10 points, including 3 points distributed by audience, empirical illustration of a current lecture topic, proposition (slides or one-page description) sent at least one week in advance to be accepted, for each date the best proposition will be chosen, students presentations on their real-life experiences encouraged

  • 6

    Aims & scope of the lecture

    context, aims and significance of ethical and professional standards and legal regulations in the financial market, focus on investment environment

    review of regulations and standards of international scope as well as those applicable in Poland

    not a CFA paper preparation course

    practical orientation of the course

    understanding a big picture

  • 7

    Recommended readings

    Materials on ethical and professional standards from CFA Institute webpage: www.cfainstitute.org, including:

    http://www.cfapubs.org/doi/pdf/10.2469/ccb.v2014.n4.1

    English versions of Polish acts of law required for the course can be found at the Polish Financial Supervision Authority (KNF) webpage: http://www.knf.gov.pl

    Readings presented at the end of each lecture

    Optional, additional readings for students interested (in Polish, regarding Polish financial market context)

    http://www.cfainstitute.org/http://www.cfapubs.org/doi/pdf/10.2469/ccb.v2014.n4.1

  • MONEY AND MORALITY /ECONOMICS AND ETHICS

    8

  • Money, make money; by honest means if you can; if not, by any means make money.

    Horaceepistles. I. 1. 65.

    9

  • 10

    Financial market and morality public perception

    big swindles in companies like Enron and WorldCom, fraud in the insurance company Skandia, role of analysts and investment bankers in dotcom bubble or rating agencies in a subprime crises and much more

    low public trust when financial market is in need of good trust

    ethical codes as restrictions to gain legitimacy

    The Wolf of Wall Streethttps://www.youtube.com/watch?v=iszwuX1AK6A

    https://www.youtube.com/watch?v=mjnziydobV4

    https://www.youtube.com/watch?v=iszwuX1AK6Ahttps://www.youtube.com/watch?v=mjnziydobV4

  • 11

    Trust towards financial institutions

    according to Diagnoza Spoeczna 2003, *2011, ** 2013, % of yes (or definitely yes and rather yes answers in relations to no and I dont know answers

    Percent of Poles trusting:Polish financial institutions 22,1

    foreign financial institutions 9,45

    banks (* & **commercial banks/*& **NBP) 43,23 20,8*/45,2* 38,1**/62**

    stock market 4,87 8,4* 15,7**

    mutual funds 5,35

  • 12

    Amorality of the financial market some explanations

    industry attracting people of a certain character /assimilation of the employees to the mentality

    abstract greed

    anonymity feeling less responsibility towards people never met

    playing at the market stock trading perceived as a (computer) game of brokers and traders

    actions of individuals seeming not having influence on the market

    spirit of neoclassical economics - staying away from moral concepts

  • Short story of money and morality

    trade based on mutual exchanges, firstly among the family group, later between tribes

    invention of money, increase of state administration power, taxes raising but also law enforcement

    money and law separated trade from friendship, transactions became more impersonal

    increase of trust in law, first securities (papers exchangeable for money); stock revolution limited liability; issue of first bonds

    up to industrial revolution trade perceived as not a noble activity, greed was a sin, charging interest - usury was a sin

    Adam Smith: impersonal relations of own-interest seeking individuals due to an invisible hand of the market turn into common wellbeing

    13

  • The ethics of the market

    mutual transactions based on self-interests, efficiently executed through price-mechanism

    deux commerce hipothesis of Enlightment period

    problems of industralisation and urbanisation (socialists and Marxism)

    revival of liberal thought in XX century and victory of capitalism

    questions of social justice of markets goods distribution and its externalities

    moral assumptions that market is based on: trust, respect for private property and rule of law

    does market undermines the very social institutions upon which its existence depends?

    need of reputational capital in advanced market economies

    14

  • Abandon all friendliness, you who enter? - ethics and economics

    modern mainstream economics behavioral assumptions - homo oeconomicus motivated solely on his profit maximization

    two origins of economics: ethics-related tradition going back to Aristotle (Smith!, Mill, Keynes) and engineering approach focused on logistic and technical issues (Petty, Ricardo, Cournot, Walras)

    Adam Smith as a Professor of Moral Philosophy and author of The Theory of Moral Sentiments explanation of the seeming paradox

    15

  • Revival of economics as a moral science

    institutions matter

    questioning neoclassical behavioral assumptions

    perceiving a need of ethics as a cure for an agency problem

    trust as a powerful tool to limit transaction costs

    popularity of Corporate Governance, Corporate Social Responsibility, Social capital and Good Governance areas of interests combining economical outputs with norms and social relations

    16

  • USEFUL THEORETICAL APPROACHES TO STUDY PROFESSIONAL

    STANDARDS AND RULES OF LAW

    17

  • 18

    Professional standards and law regulations as institutions

    institutions as rules of game, organizations as players (North)

    institutions constraints created by people thatshape social interactions and reduce uncertainty of exchange

    formal and informal institutions

    connected with mechanisms of rules enforcement -sanctions for rules breaking

    codes of ethics as self-regulation

  • 19

    Business ethics two approaches

    ethics science dealing with morality, which is a set of norms stating what is good and evil

    business ethics applied ethics regarding business environment

    consequential ethics - rightness of an action is determined by its consequences

    deontological ethics rules, obligations and duties based ethics

  • 20

    Stages of moral development (Kohlberg)

    level I: pre-conventional (focus on direct consequences)

    stage 1 - obedience and punishment driven

    stage 2 - self-interest driven

    level II: conventional (focus on societys conventions and expectations)

    stage 3 - interpersonal accord and conformity driven

    stage 4 - authority and social order obedience driven

    level III: post-conventional (focus of own principles of right and wrong)

    stage 5 - social contract driven

    stage 6 - universal ethical principles driven

  • 21

    Ethical restrictions of choices at the financial market

    from professionals at the financial market we expect at least level II of moral development (adherence to rules of law, codes of ethics and social norms)

    restrictions of choices due to personal negative consequences of breaking social and group norms and law regulations

    restrictions of choices due to negative consequences of personal decisions at the market to communities or societies

  • FROM INDIVIDUAL FINANCIAL FRAUDS TO GLOBAL FINANCIAL

    CRISES WHY ETHICS MATTER IN THE INVESTMENT PROFESSION

    22

  • 23

    How an individual can cause a financial crisis consequences of playing with derivatives

    Codelco and Metallgesellschaft AG, 1993/1994 (speculations including futures, loses of 200 milion dolars and 1,3 billion dollars)

    Orange County, 1994 (bankruptcy due to lose of 1,6 billion dollars public money on levaraged derivatives)

    Barrings, 1995 (Nick Leesons nonauthorised transactions ended with loses of 800 millon pounds and take-over of Barring Bank by ING)

    Sumitomo, 1996 (futures on copper, independent investment decisions of a dealer, final lose of 2,6 billion dollars)

    Socit Gnrale, 2008 (lose of 4.9 billion EURO due to transactions of a rogue trader)

    UBS, 2011 (lose of 2.3 billion dollars due to unauthorized trades of their trader, Mr. Adoboli + fine of 29.7 million from Britains Financial Services Authority)

  • Frauds at the financial markets

    insider trading

    creative accounting

    ponzi schemes

    24

  • Insider Trading

    transactions in securities profiting from inside information (private information held by officers, directors or major stockholders that has not yet be divulged to the public)

    ambiguous definition (e.g. supplier deducing the firms near-term prospects from significant change in orders, job of security analysts to uncover such information)

    example of consequential and deontological analysis: Is insider trading ethical?

    25

  • Creative/aggressive accounting

    practices that follow the letter of the rules of standard accountiong practices, but deviate from the spirit of those rules, misinterpretations of the true income

    frauds ending in companies bankruptcy: Enron, WordCom, Conesco

    erosion of credibility of informational role of accounting

    problem which cannot be solved by rules of law solely, it needs following ethical standards by managers, auditors and company executies

    26

  • Ponzi schemes

    Carlo Ponzi role model, story of a famous Italian fauster and American postage stamps of early 1920

    idea of financial pyramid scheme

    examples: Bernard Madoff (21 billion dollars of losted victims investment, fooling both individual and institutional investors as well as authorities), Lech Grobelnys Bezpieczna Kasa Oszczdnoci (Poland)

    27

  • Dot-com speculative bubble (1995-2000)

    investments of venture-capital funds in Internet companies

    fashion for .com and .net in the stock-markets

    disclosure of accounting scandals of some dot-coms (creative accounting)

    fall of NASDAQ in 2000

    panics in world stock-markets, lose of trust towards new technology companies, redundancies

    tangible results of securities speculations

    28

  • Backgrounds of subprime crisis (2007-2010)

    over-tolerance of risk, bad risk management and unclear sophisticated financial operations

    decrease of requirements towards credit takers

    subprime credits for NINJA

    increase of prices (partly of speculative character) in real-estate market

    expansive fiscal policy and low interest rates

    trend towards debts selling and secularization, transfer of credit risk from banks to other financial markets sectors, camouflaged by rating agencies

    problems with collateralized dept obligations (CDO) and other derivatives connected with subprime market

    international repercussions of American market crisis due to financial market globalisation

    29

  • Subprime crisis consequences

    Bear Stearns over-taken by JP Morgan Chase

    bankruptcy of Lehman Brothers and Washington Mutual

    Merrill Lynch over-taken by Bank of America

    problems of AIG

    problems at bank market of Island

    interventions of government eg. in France, Belgium, Holland, Spain, Hungary, Russion and Latvia

    problems of PIGS (Portugal, Ireland, Greece and Spain)

    erosion of trust in the interbank market and problems with liquidity

    discussion about role of regulations in the financial market

    30

  • Globalisation of the financial market

    volume of global financial transactions versus transactions involving goods and services

    global finance players as transnational, factual centres of economic power

    financial engineering instruments generating huge profits and huge risk for financial stability of global economy

    globalisation as a factor responsible for spreading crises in world economy and for transfering crises from the sfera of finance to the word of real economy

    problem of global crisis of trust towards financial institutions and states as supervisors of law and social norms

    31

  • Why ethics matter in the investment profession? - summary

    increase of investors confidence in financial markets

    more efficient and transparent operation of the market

    enhancement of public trust in markets allowing development of markets

    especially important because of the last crisis in the investment industry, revealing accounting frauds and manipulations connected both with heavy financial losses and stained reputations, leading to organizations collapses, highlighted unethical actions in area of governance, investment ratings, financial products packaging and distribution and outright investment fraud

    more and more important as finance develops as more and more sophisticated and interconnected global industry, with new complex financial instruments appearing

    regard for market sustainability individual actions especially regarding risk management and product development may cause crises and have impact on other regions and countries

    where ethics is missing, eg. due to short-sightness and disregard to outcomes, stringer law regulations have to be introduced, which are constrains to operational environment of investment professionals

    32

  • ETHICS OF AN INVESTMENT PROFESSION PSYCHOLOGICAL

    BACKGROUNDS

    33

  • 34

    Ethics of a profession

    a profession as a group performing activity especially important for the public interest

    autonomy to execute the profession, under the condition of realising public interest

    self-creation of moral norms and standards (in form of codes of professional ethics) and safeguarding that members follow them

    professional association empowered to use sanctions for rules breaking

  • Psychology of ethics

    ethics as constraint or motivation empirical results of ultimatum game

    different reasons to behave ethical : I follow the company rule so I will not be punished

    Doing so will pay off some later day

    My colleagues will approve of me because I acted professionally

    I have to do it, because it is in the law

    It is in interest of my company members and the society at large

    Doing so I adhere to universal principles with which I agree, I would not do it if I did not agree with it 35

  • Process of ethical decision making

    1. identifying an ethical dillemma

    2. judging what is ethical

    3. intending to act ethically

    4. acting ethically

    36

  • Perception of ethical issues

    moral intensity

    magnitude of consequences

    social consensus

    probability of effect

    temporal immediacy

    proximity

    concentration of effect

    moral framing

    37

  • Individual factors influencing ethical behavior

    personality traits: machiavellianism versus integrity

    psychological locus of control

    moral imagination

    biases and stereotypes role of attributes

    decision heuristics

    cognitive dissonance reduction

    rationalization and moral disengagement

    shame and guilt38

  • Social factors influencing ethical behavior

    social influence:

    coersion

    manipulation

    persuation

    facilitation

    group conformity

    group polarisation effect

    groupthink

    role of leadership / whistle blowing

    39

  • ETHICS OF AN INVESTMENT PROFESSION PRACTICAL

    IMPLEMENTATIONS

    40

  • 41

    Financial market players investment environment

    pension funds and insurance companies

    bankers (deposits and loans)

    investment bankers

    mutual funds, hedge funds and other

    investment companies

    brokers and other securities trade

    intermediaries

    corporations (issuers of stocks and bonds)

    public sector (issuer ofbonds)

  • 42

    Financial market players responsibilities and challenges

    need for truthfulness

    durability

    ethical remuneration

    transparency and asymmetrical information

    respect for the rules of the market

  • 43

    Rights of participants of the financial market

    1. security of transactions

    2. free entrance and exit

    3. equal chances of taking part in transactions

    4. confidentiality of transactions

    5. protection of property rights

    6. right to be informed in order to ensure an honest transaction

    possible contradictions: 4 & 6, 1 & 2, 1 & 3

  • 44

    Problem of agency connected with intermediation at the financial market

    client as a principal, intermediary as agent:

    hidden action

    hidden information

    uncertainty

    obligation to respect property rights of principal

    obligation to carry on agreement

    role of trust:

    trust in intermediarys knowledge, skills and efficiency

    trust in intermediarys intentions

    trust in intermediarys values (honesty, sincerity, loyalty)

  • Regulations of the US securities markets how rules of law and self-regulations coexist

    Government regulations: two major laws: Securities Act of 1933 (requirement of full disclosure)

    and Securities Exchange Act of 1934 (establishing the Securities and Exchange Commission SEC)

    other, except for SEC, regulatory agencies, eg. Commodity Futures Trading Commission (CFTC) and Federal Reserve (FED)

    Securities Investor Protection Act of 1970 (establishing Securities Investor Protection Corporation - SIPC)

    state laws (blue sky laws)

    Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010

    Self-Regulation: self-regulation of secondary exchanges and OTC markets (e. g. Financial

    Industry Regulatory Authority FINRA)

    CFA Institute Code of Ethics and Standards of Professional Conduct listing e.g. responsibilities towards the profession, the employer, clients and the public (global organization of USA and Canada origin) 45

  • CFA Institute Code and Standards: characteristics to be ensured = reasons to study

    representative of high standards of professional conduct;

    relevant to the changing nature of the investment profession;

    globally applicable;

    sufficiently comprehensive, practical and specific;

    enforceable, and

    testable for the CFA Program

    46

  • Bibliography (I)

    North D. (1990), Institutions, Institutional Change andEconomic Performance, Cambridge University Press

    Norberg P. (2004), Mentality beyond good and evil theamorality of the financial market, SSE/EFI Working PaperSeries in Business Administration, no 12

    Dunbar N. (2000), Inventing Money. The story of Long-Term Capital Management and the legends behind it, John Wiley & Sons, Inc

    Kindleberger Ch. (1996), Manias, Panics and Crashes. A History of Financial Crises, Macmillan Press Ltd

    Kohlberg L., The Psychology of moral development, New York 1984

    47

  • Bibliography (II)

    Bodie Z., Kane A., Marcus A. (2002), Investments, fifth edition, McGraw-Hill Irwin, International Edition

    Sen A. (1995), On Ethics and Economics, Blackwell, Oxford

    Meadowcroft J. (2005), The Ethics of the Market, Palgrave Macmillan, New York

    Oberlechner T. (2007), The Psychology of Ethics in the Finance and Investment Industry, Reseach Foundation of CFA Institute, available from: http://www.cfapubs.org/toc/rf/2007/2007/2

    Bonvin, J.M., Dembinski P.H. (2002), Ethical Issues in Financial Activities, Journal of Business Ethics, vol. 37, no. 2:187192

    48

    http://www.cfapubs.org/toc/rf/2007/2007/2

  • Bibliography in Polish

    Klimczak B. (1997), Etyczne otoczenie rynku kapitaowego,Wydawnictwo Akademii Ekonomicznej im. Oscara Langegowe Wrocawiu

    Grabowski W. (1998), Instrumenty pochodne a wspczesnekryzysy finansowe, Biblioteka Menedera i BankowcaZarzdzanie i Finanse, Warszawa

    Iwanicz-Drozdowska M., Jaworski W., Zawadzka Z., red.(2010), Bankowo. Zagadnienia podstawowe, Poltext,Warszawa

    Kaliski J., Zalesko M. (2009), Od wielkiego kryzysugospodarczego do wielkiego kryzysu finansowego.Perturbacje w gospodarce wiatowej w latach 1929-2009,Wydawnictwo Uniwersytetu w Biaymstoku, Biaystok

    49