The Securities and Exchange Commission of Pakistan has been
regulating the Insurance industry, since January 2001 after it took over from the Controller of Insurance operating under Ministry of Commerce, Government of Pakistan. The SECP regulates and monitors the Insurance Sector in the country through powers vested in the Insurance Ordinance, 2000 and the Companies Ordinance, 1984.
The Securities and Exchange Commission of Pakistan (SECP) is the financial regulatory agency in Pakistan whose objective is to develop a modern and efficient corporate sector and a capital market based on sound regulatory principles, in order to encourage investment and foster economic growth and prosperity in Pakistan.[1]
Securities and Exchange Commission of Pakistan Agency overview Formed January 1, 1999 Preceding Agency Corporate Law Authority Jurisdiction Pakistan Headquarters Pakistan Islamabad, Pakistan Agency executive Position is vacant, Chairman Website http://www.secp.gov.pk
History The Securities and Exchange Commission of Pakistan (SECP) is the successor of the erstwhile Corporate Law Authority (CLA), which was an attached department of the Ministry of Finance. The process of restructuring the CLA was initiated in 1997 under the Capital Market Development Plan of the Asian Development Bank (ADB). A Securities and Exchange Commission of Pakistan Act was passed by the Parliament and promulgated in December 1997. In pursuance of this Act, the SECP, having autonomous status, became operational on January 1 1999. [2] The Act gave the organization the administrative authority and financial independence to carry out the reform program of Pakistans capital market. The scope of the authority of the SECP has been extensively widened since its creation. The insurance sector, non-banking financial companies, and pension funds have been added to the purview of the Commission. Now the SECP's mandate includes investment financial services, leasing companies, housing finance services, venture capital investment, discounting services, investment advisory services, real estate investment trust[3] and asset management services, etc. The SECP also regulates various external service providers that are linked to the corporate sector, like chartered accountants, rating agencies, corporate secretaries and others.
Vision The development of modern and efficient corporate sector and capital market, based on sound regulatory principles, that provide impetus for high economic growth and foster social harmony in the Country.
Mission To develop a fair, efficient and transparent regulatory framework, based on international legal standards and best practices, for the protection of investors and mitigation of systemic risk aimed at fostering growth of a robust corporate sector and broad based capital market in Pakistan.
Strategy To develop an efficient and dynamic regulatory body that fosters principles of good governance in the corporate sector, ensures proper risk management procedures in the capital market, and protects investors through responsive policy measures and effective enforcement practices.
Organization The SECP is a collegiate body with collective responsibility. Operational and executive authority of the SECP is vested in the Chairman who is the SECP's Chief Executive Officer (CEO). He is assisted by four (4) Commissioners, particularly to oversee the working of various operational units as may be determined by him. The SECP is divided into the following five divisions: Company Law Division Securities Market Division Specialized Companies Division Insurance Division Company law devision The Company Law Division is divided into following two Departments:
Corporatization & Compliance Enforcement
Corporatization & Compliance Department The Corporatization & Compliance Department is responsible for administration of the Companies Ordinance 1984, and the rules and regulations made there under along with other relevant laws. Its primary functions include registration of companies, regulating their statutory functions, and monitoring of corporate compliance through examination of statutory returns and accounts. These functions are performed by the eight regional offices of the SECP, the Company Registration Offices (CROs). The Corporatization & Compliance Department supervises, coordinates, and monitors the workings of the CROs.
Enforcement Department The Enforcement Department is responsible for regulation and enforcement of companies listed on stock exchanges, public un- listed and private companies having paid-up capital of Rs. 7.5 million and above and companies formed under section 42 of the Companies Ordinance, 1984 (except insurance companies, non- banking finance companies and modarabas) with relevant laws and applicable accounting standards through review of accounts, investigation, and prosecution. In case of non-compliances, necessary actions are taken against erring companies, their directors, management and auditors, as appropriate. Securities market devision The Securities Market Division (SMD) is responsible for monitoring, regulating, and developing the securities market. It regulates the primary and secondary markets as well as market intermediaries through registration, surveillance, investigation, enforcement, and rule making, with the objective of protecting investors interest. SMD also processes and grants approvals to prospectuses for public offering of both debt and equity securities. In addition, it is entrusted with instituting appropriate regulatory reforms to develop and promote the market, engender investor confidence and instill transparency, effective risk management and good governance at the three Stock Exchanges, Pakistan Mercentile Exchange, Central Depository Company and National Clearing Company.
The division consists of the below mentioned departments:
Policy, Regulation and Development Department Market Supervision and Registration Department Special Initiative Department
Specialized company devision About the Division The SCD strives to provide a regulatory environment which is conducive for development and promotion of a robust Non-Bank Financial (NBF) Sector. The NBF sector under SCDs preview comprises of Non Bank Finance Companies (NBFCs), Mutual Funds, Pension Funds, Real Estate Investment Trusts, Private Equity Funds, Modaraba Management Companies & Modarabas. The major functions performed by SCD for the NBF Sector include: licensing, registration, regulation, on-site inspection, off-site surveillance and enforcement. The underlying objective is to safeguard the interest of the stakeholders while at the same time facilitate diversification and innovation in products and services of NBF sector.
For operational ease and enhanced efficiency, the SCD has been divided into two main Departments:
1. Policy, Regulation and Development Department (PRD) 2. Supervision Department (SD)
Policy, Regulation and Development Department (PRD) PRD performs the functions of licensing, registration, provision of comprehensive regulatory framework and granting necessary regulatory approvals to the NBF sector. Supervision Department (SD) SD is primarily responsible for centralized functions of On- site Inspection, Off-site Surveillance and Enforcement. Insurance devision Role of SECP in Insurance Sector The SECP, being the apex regulator of the insurance industry, has a strategic priority and commitment to strengthen and maintain an effective regulatory environment in which insurance and takaful business can flourish and prosper. To strengthen SECPs role as an effective facilitator for sound development of the insurance and takaful industry and to achieve the underlying objective of raising the insurance penetration level, the following key areas have been in focus of SECPs efforts:
Protection of the interest of insurance policyholders. Amendments in the regulatory framework to strengthen SECPs role as an apex insurance regulator. Enhancement of regulatory framework for Takaful Insurance. Availability of insurance protection to less privileged segment of the society (Microinsurance). Insurance Awareness Programs. Enhanced public image of the insurance industry.
Insurance Division has been divided into two main departments:
1. Policy, Regulation and Development Department 2. Supervision Department
Policy, Regulation and Development Department Responsible for policy reform, actuarial work, re-insurance treaty, facultative reinsurance approval, NOC for purchasing insurance policy from abroad, registration and de-registration.
Supervision Department Responsible for centralized function of On-site Inspection, Off-site Surveillance and Enforcement.