The framework for regulating the financial sector in Honduras consists of legislation (largely the Financial Services Law) and the facility under AMLO/FIU for a system of agreed prudential standards.
Whilst FSA expects the licensed financial institutions to self-regulate themselves to a large extent, a key role of supervision is to monitor the application of the agreed prudential standards to limit risk. These standards should be reviewed periodically by FSA to allow for changing circumstances.
The “rules and regulations” for the financial sector in SI are found in the Financial System Law 2004 (as amended) which provides a supervisory umbrella and addresses issues such as:
- defining financial institutions;
- rules regarding ownership;
- licensing requirements;
- minimum capital requirements;
- restrictions of business activities;
- definition of the roles and duties of external auditors;
- measures to protect the interest of depositors;
- a supervisory and examination system;
- situations where FSA may intervene in the operations of a financial institution;
- transfer of ownership or control of a financial institution; and
- sanctions for non-compliance by financial institutions or their officers.
Financial Institution Regulatory Framework
A supervisory and examination system is a constant continuous and perpetual cycle that has four components:
- FSA’s goals and objectives,
- monitoring and the examination planning phase,
- on-site examination phase, and
- reporting and corrective actions phase.