Self-Regulatory Organisations (SROs) for Regulated Entities

Self-Regulatory Organisations (SROs) for Regulated Entities mind map
Recent News:
RBI's Draft Omnibus Framework:
Issued: 21 Dec 2023
Fosters:
Innovation
Transparency
Fair competition
Consumer protection
Aims: Complement regulatory/statutory framework
Prescribes:
Objectives
Functions
Eligibility criteria
Governance standards
Membership: Voluntary for regulated entities
Authority: Derived from membership agreements
Processes: Objective, well-defined, consultative
Standards:
Ethical
Professional
Governance
Enforcement: Of rules on members
Deadline for comments: 25 Jan 2024
When:
Historical development:
In US:
Securities Exchange Act of 1934
Formation:
FINRA: From merger of NASD and NYSE's enforcement arms, 26 July 2007
MSRB: Created by Congress
SROs in other sectors:
American Arbitration Association
National Association of Realtors
American Medical Association
In Canada:
Amalgamation: IIROC and MFDA into CIRO, effective 1 Jan 2023
CIRO's new name: Approved on 1 June 2023
Internationally:
Kazakhstan: Law adopted in 2015
Russia: Law adopted in 2007
Why:
To regulate professions/industries without or alongside government regulation
Benefits:
Expertise in the field
Higher standard of conduct
Heightened supervision
What
Definition: Organizations with regulatory authority over an industry/profession
Examples: FINRA, MSRB, American Arbitration Association, National Association of Realtors, American Medical Association
Characteristics:
Legislative authority
Strong governance
Management of conflict
Oversight and surveillance methods
Enforcement program
Regulatory database
Disruption procedures
Resolution of disputes
Benefits:
Expertise
Higher standard of conduct
Heightened supervision
Where:
Predominantly in the United States, Canada, Kazakhstan, and Russia
Applicable globally in various industries
Who:
SEC: Principal regulatory authority in the US
FINRA: Financial Industry Regulatory Authority
MSRB: Municipal Securities Rulemaking Board
CIRO: Canadian Investment Regulatory Organization
How:
By establishing rules, standards of practice, and business conduct
Through amalgamation or legislation
Significance:
Fosters innovation, transparency, and fair competition
Enhances consumer protection
Complements existing regulatory frameworks
Challenges:
Requires effective oversight and enforcement
Potential conflicts of interest
Way Forward:
Expansion of SROs into new industries
Enhancing global cooperation among SROs

Self-Regulatory Organizations (SROs) for Regulated Entities play a crucial role in regulating professions and industries, either in the absence of or alongside government regulation. They are typically non-governmental organizations responsible for setting and enforcing standards, rules, and conduct within their respective domains. SROs like the Financial Industry Regulatory Authority (FINRA) in the United States or the Canadian Investment Regulatory Organization (CIRO) in Canada, offer numerous benefits including expertise in their fields, maintaining higher standards of conduct, and ensuring heightened supervision without direct government involvement. This approach fosters innovation, transparency, fair competition, and consumer protection, complementing the existing regulatory frameworks.

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