Category: Regulation | Area of Effect: Customer Protection | Strength: Strong | Proposed by: Lusane
NOTING the World Assembly has a responsibility to ensure the vital protections of consumers in member nations.
BELIEVING an organizational body is essential to spearheading policy change in regards to the practices of financial institutions, investment brokerages, and lenders.
NOTICING a need to further legislation to regulate the practices of institutions that could render harm to a consumer's financial health.
SEEKING to protect from predatory practices of institutions; and further mandate regulation for standards expected to protect consumer deposits.
The World Assembly, therefore;
DEFINES financial institutions as public or private, physical or electronically controlled corporations or government institutions, licensed or unlicensed, according to regulations in the applicable member nation; in which qualifies under at least one of the following:
- transacts, trades, or holds funds for a consumer in relation to a deposit based account of any type.
- transacts, trades, or holds funds for a government or institution in relation to a deposit based account of any type.
- with a purpose to hold or invest consumer funds in any brokerage with the intent to accrue dividends.
- with a purpose to hold or invest government funds in any brokerage with the intent to accrue dividends.
- issues collateralized credit products or loans in which a security interest in the form of currency is placed in a transactional account.
ESTABLISHES the Depository Regulators Committee (“DRC”), a regulatory body under the World Assembly to supervise and render inspections and audits of member nation institutions for direct compliance with regulation for the protection of the consumer;
ESTABLISHES that the DRC shall have the jurisdiction, with reasonable evidence to enact disciplinary actions, fines, or closures of institutions if they are found in violation of the provisions of this Act on a situational basis.
CLARIFIES that institutions will be permitted to appeal any disciplinary actions to an independent agency, and further, be permitted to submit evidence in their defense and provide reasoning for a circumstance in order to revert any action taken.
The World Assembly, therefore:
REQUIRES institutions to hold capital reserve equal to or above nine and one-half percent of their depositor's accounts total value, to limit consumer exposure to insolvency.
REQUIRES institutions to establish uniform disclosure conditions for interest accrued by and paid to consumers on depository accounts and collateralized holdings accounts.
- further: this provision shall require a statement made to the depositors upon account opening for applicable interest rates and how they are paid or accrued.
PROHIBITS institutions from placing holds, freezes, or closures on depository accounts without reason.
REQUIRES institutions implement systems to combat data errors in regards to account ledgers and information.
REQUIRES institutions to keep accurate, up to date information for the institution's value, and share information with their depositors and the DRC in an annual report.
ENCOURAGES member nations to establish regulation in their jurisdiction to establish further consumer protections.