{"id":781,"date":"2020-04-08T01:08:03","date_gmt":"2020-04-08T00:08:03","guid":{"rendered":"https:\/\/1stattorneys.com\/?p=781"},"modified":"2020-04-08T01:08:03","modified_gmt":"2020-04-08T00:08:03","slug":"banking-finance","status":"publish","type":"post","link":"https:\/\/1stattorneys.ng\/articles\/2020\/04\/08\/banking-finance\/","title":{"rendered":"Banking & Finance"},"content":{"rendered":"\t\t
THE STRUCTURE OF THE NIGERIAN FINANCIAL SYSTEM <\/strong>\u00a0<\/p> INTRODUCTION<\/strong><\/p> The Nigerian financial system comprises of bank and non-bank financial institutions which are regulated by the Federal Ministry of Finance (FMF), Central Bank of Nigeria (CBN), Nigeria Deposit Insurance Corporation (NDIC), Securities and Exchange Commission (SEC), National Insurance Commission (NAICOM), Federal Mortgage Bank of Nigeria (FMBN), and the National Board for Community Banks. \u00a0<\/p> \u00a0<\/strong><\/p> Regulatory Authorities<\/strong><\/p> The Federal Ministry of Finance (FMF)<\/strong><\/p> The Federal Ministry of Finance advises the Federal Government on its fiscal operation and co-operates with CBN on monetary matters.<\/p> \u00a0<\/u><\/strong><\/p> The Central Bank of Nigeria (CBN)<\/strong><\/p> The CBN is the apex regulatory authority of the financial system. It was established by the Central Bank of Nigeria Act of 1958 and commenced operations on 1st July 1959. Among its primary functions, the Bank promotes monetary stability and a sound financial system, and acts as banker and financial adviser to the Federal Government, as well as banker of last resort to the banks. The Bank also encourages the growth and development of financial institutions. Enabling laws made in 1991 gave the Bank more flexibility in regulating and overseeing the banking sector and licensing finance companies, which hitherto operated outside any regulatory framework.<\/p> The Nigerian Deposit Insurance Corporation (NDIC)<\/strong><\/p> The NDIC complements the regulatory and supervisory role of the CBN. It is however autonomous of the CBN and reports to Federal Ministry of Finance. NDIC effectively took off in 1989 and was set up to provide deposit insurance and related services for banks in order to promote confidence in the banking industry. The NDIC is empowered to examine the books and affairs of insured banks and other deposit taking financial institutions. Licensed banks are mandated to pay 15\/16 of 1 per cent of their total deposit liabilities as insurance premium to the NDIC. A depositor’s claim is limited to a maximum of N50, 000.00 in the event of a bank failure.<\/p> The Nigerian Deposit Insurance Corporation (NDIC) has concluded plans to hike the insured deposit of banks to N200, 000.<\/p> \u00a0<\/u><\/strong><\/p> The Securities and Exchange Commissions (SEC)<\/strong><\/p> This is formerly called the Capital Issues Commission, the SEC was established by the SEC Act of 27th September 1979, which was further strengthened by the SEC Decree of 1988. It is the apex regulatory organ of the capital market. The Commission approves and regulates mergers and acquisitions and authorises the establishment of unit trusts. In the course of deregulation of the capital market, the function of price determination has been transferred to the issuing houses. The SEC maintains surveillance over the market to enhance efficiency. It issues guidelines on the establishment of Stock Exchanges in furtherance of the deregulation of the capital market. Following the enactment of the Nigerian Investment Promotion Commission Decree and the Foreign Exchange (Monitoring and Miscellaneous Provisions) Decree in 1995, SEC released guidelines on foreign investment in the Nigerian capital market.<\/p> Debt Management Office (DMO)<\/strong><\/p> The Federal Government of Nigeria took a major step in addressing the debt problems recently by establishing an autonomous Debt Management Office (DMO). The creation of the DMO consolidates debt management functions in a single agency, thereby ensuring proper coordination. The DMO centralizes and coordinates the country’s debt recording and management activities, including debt service forecasts; debt service payments; and advising on debt negotiations as well as new borrowings.<\/p> \u00a0<\/u><\/strong><\/p> National Insurance Commission (NAICOM)<\/strong><\/p> The National Insurance Commission (NAICOM) replaced the Nigerian Insurance Supervisory Board (NISB). The NAICOM is charged with effective administration, supervision, regulation and control of the business of insurance in Nigeria. Its specific functions include the establishment of standards for the conduct of insurance business, protection of insurance policy holders and establishment of a bureau to which complaints may be submitted against insurance companies and their intermediaries by members of the public. NAICOM ensures adequate capitalization and reserve, good management, high technical expertise and judicious fund placement in the insurance industry.<\/p> \u00a0<\/strong><\/p> The Federal Mortgage Bank of Nigeria (FMBN)<\/strong><\/p> The FMBN took over the assets and liabilities of the Nigerian Building Society. The FMBN provides banking and advisory services, and undertakes research activities pertaining to housing. Following the adoption of the National Housing Policy in 1990, FMBN is empowered to licence and regulate primary mortgage institutions in Nigeria and act as the apex regulatory body for the Mortgage Finance Industry. The financing function of the Federal Mortgage Bank of Nigeria was carved out and transferred to the Federal Mortgage Finance, while the FMBN retains its regulatory role. FMBN is under the control of the Central Bank of Nigeria.<\/p> \u00a0<\/strong><\/p> Financial Services Co-ordinating Committee (FSCC) <\/strong><\/p> The Committee was established in 1998 and charged with the primary responsibility to promote safe, sound and efficient financial sector in the country. It\u2019s membership is drawn from the key regulatory and supervisory institutions in the nations financial system, namely, Central bank of Nigeria (CBN), Security and Exchange Commission (SEC), National Insurance Commission (NAICOM), Corporate Affairs Commission (CAC) and the Federal Ministry of Finance. This committee chaired by the Ministry of Finance co-ordinates the activities of all regulatory institutions in the financial system.\u00a0 \u00a0<\/p> THE MONEY MARKET AND ITS INSTITUTIONS <\/strong><\/p> This is a market for short-term debt instruments. The major function of the money market is to facilitate the raising of short-term funds from the surplus sectors to the deficit sectors of the economy. The deficit units, which could be public or private, obtain funds from the market to bridge budgetary gaps by either engaging in inter-bank taking or trading in short-term securities such as Treasury Bills, Treasury Certificates, Call Money, Certificates of Deposit (CD), and Commercial Papers (CP). With the commencement of Open Market Operations (OMO) by the CBN, the scope of the money market has been expanded. The number of participants in the market also increased with the establishment of five discount houses. Money market institutions constitute the hub of the financial system. These institutions include discount houses, commercial and merchant banks, and special purpose banks, like the Nigerian Agricultural Co-operative and Rural Development and Community banks. \u00a0<\/p> Discount Houses <\/strong><\/p> A discount house is a special, non-bank financial institution intervenes in mobilizing funds for investments in securities in response to the liquidity of the system. It does this by providing discount\/rediscounting facilities in government short-term securities. In the process of shifting the financial system from direct market-based monetary control, discount houses were established to serve as financial intermediaries between the CBN, licensed banks and other financial institutions. Some of the discount houses currently in operation in Nigeria include First Securities Discount House Limited, Express Discount House Limited, Associated Discount House Limited, Kakawa Discount House Limited and Consolidated Discount House Limited.<\/p> \u00a0<\/strong><\/p> Universal Banking <\/strong><\/p> CBN has approved the introduction of Universal Banking in Nigeria. Since the release of the guidelines, more than ten banks have converted to universal banking status. Thus, such banks operate Commercial and Merchant functions.<\/p> Commercial and Merchant Banks<\/strong><\/p> Commercial and Merchant Banks operate under the legal framework of the Banks and other Financial Institutions (BOFI) Act 25 of 1991 (as amended).<\/p> Commercial banks perform three major functions, namely, acceptance of deposits, granting of loans and the operation of the payment and settlement mechanism. Since the Government commenced active deregulation of the economy in September 1986, the commercial banking sector has continued to witness rapid growth, especially in terms of the number of institutions and product innovations in the market.<\/p> \u00a0<\/u><\/p> Merchant banks take deposit and cater for the needs of corporate and institutional customers by way of providing medium and long-term loan financing and engaging in activities such as equipment leasing, loan syndication, debt factoring and project advisers to clients sourcing funds in the market. The first merchant bank in Nigeria, Nigerian Acceptance Limited (NAL), started operations in 1960.<\/p> Currently, there is a general banking operation. With this banks performs multiple operations whether commercial or merchant operation<\/p> \u00a0<\/strong><\/p> Community Banks <\/strong><\/p> A community bank in Nigeria is a self-sustaining financial institution owned and managed within a community to provide financial services to that community. The National Board for Community Banks (NBCB) processes applications for the establishment of community banks. The first community bank commenced operation in December 1990. Since then, NBCB has issued provisional licences to 1,366 community banks and are expected to be issued final licences by the CBN after operating for two years. \u00a0<\/p> \u00a0<\/strong><\/p> PROCEDURES FOR ESTABLISHING A BANK IN NIGERIA<\/strong><\/p> the shareholders of the proposed bank to deposit with the bank a sum equal to the minimum paid-up capital that may be applicable.<\/p>