Product × Finance × AI: Financial Products in the Age of AIPart One · Section Six The premise of delivery: trust and regulation中文
Chapter 14

Why regulation existsMarket failures and the weaker party

Realized return =Time compensation+Risk compensation+Information advantage-Trading costs+LuckPremise: promises kept

In the end, whether a promise is kept rests on rules. Financial markets have three kinds of failure that they cannot fully correct on their own: information asymmetry between buyers and sellers, conflicts of interest between agents and principals, and the externality by which one institution's failure spreads to the whole system. Participants also differ in strength, and the weaker party often has no choice. Regulation is aimed at these failures: mandatory disclosure, suitability, conflict-of-interest management and deposit insurance. Regulation has its own costs, and good regulation strikes a balance between protection and cost.

1. Why markets cannot fully police themselves

In most settings free exchange leaves both sides better off, and the price mechanism allocates resources efficiently. But in finance there are several situations that exchange alone cannot correct: one side knows far more than the other; the person making decisions on someone else's behalf has interests of their own; and the collapse of one institution harms many people who had nothing to do with the transaction. Participants also differ in strength: the weaker party often lacks information, bargaining power and room to choose. Each class of regulatory tool corresponds to one of these failures.

Four failures, four classes of regulatory tool

Tap a failure on the left to see how it shows up in financial markets and which regulatory tools address it.

Mandatory disclosureSuitability and know-your-clientClient's interest firstLimits on certain feesDeposit insurance and investor protectionCapital and liquidity rulesEnforcement and complaints

Tap a failure.

The mapping is this book's own summary; one tool may address several failures at once.

2. Mandatory disclosure: why voluntary disclosure is not enough

If product quality can be verified accurately, sellers will in fact disclose it voluntarily. Grossman and Milgrom, independently in 1981, described this "unravelling": the sellers with the best quality disclose first to set themselves apart; buyers assume the worst about any seller who stays silent, so the next-best sellers disclose too, and so on step by step until everyone has disclosed. But once the disclosed information cannot be verified, is costly to verify, or is reported on inconsistent bases from firm to firm, the process breaks down. The role of mandatory disclosure is precisely to make information verifiable and comparable.

Why disclosure unravels step by step, and why it can stall

Ten sellers, with product quality from 1 to 10. Buyers value any seller who does not disclose at "the average quality of non-disclosers"; a seller whose quality is above that value is willing to disclose.

Round0
Buyers' value for non-disclosers
Sellers who have disclosed

Simplified from the reasoning of Grossman (1981) and Milgrom (1981). When disclosures cannot be verified, anyone can claim high quality; disclosure becomes an unverifiable claim, and buyers can only ignore it.

3. Suitability: the right product for the right person

Disclosure does not fully solve the problem of credence goods: even after reading the prospectus, most individual investors find it hard to judge whether a complex product suits them. Suitability rules therefore require institutions to understand the client's financial situation, investment objectives, experience and risk tolerance, and to recommend only products consistent with them. FINRA Rule 2111, the SEC's Regulation Best Interest issued in 2019, the EU's Markets in Financial Instruments Directive II in force since 2018, and the Code of Conduct of Hong Kong's Securities and Futures Commission all set out such requirements.

Suitability: matching product risk to the client's tolerance

Choose the client's risk tolerance grade and investment experience to see which products may be recommended.

Illustrative grading, not the specific rules of any institution. Suitability requirements in different jurisdictions are set out in FINRA Rule 2111, the SEC's Regulation Best Interest (2019), the EU's Markets in Financial Instruments Directive II and the Code of Conduct of Hong Kong's Securities and Futures Commission; complex products usually also require an assessment of the client's knowledge and experience.

4. Conflicts of interest: what the person deciding for the client wants

In financial services, the party giving advice or executing trades is often paid according to what it sold and how much was traded, not according to how much the client earned. Bergstresser, Chalmers and Tufano (2009) found that mutual funds sold through brokers performed worse, net of fees, than funds investors bought directly. Mullainathan, Noeth and Schoar (2012) sent "mystery shoppers" to financial advisers and found that advisers tended to reinforce the biases clients already had and to recommend higher-fee active products. Regulation responds to conflicts of interest in three main ways: requiring disclosure, requiring that the client's interest come first, and banning certain forms of compensation outright.

How the fee model changes what gets recommended

The same adviser and the same client. Switch the adviser's fee model to see what he leans toward recommending and where the client ends up after 20 years.

Total annual portfolio cost
Trades per year
1 million after 20 years (illustrative)

Illustrative figures: all product types are assumed to earn the same 6% a year before costs, so the differences come only from fees and trading costs. Empirically, Bergstresser, Chalmers and Tufano (2009) found that broker-sold funds performed worse after fees; the mystery-shopper study by Mullainathan, Noeth and Schoar (2012) found that advisers tended to recommend higher-fee active products.

5. Runs and deposit insurance

A bank turns short-term deposits into long-term loans. In normal times this works well, but it carries an inherent fragility. Diamond and Dybvig showed in 1983 that once enough depositors believe others will withdraw, each depositor's best choice is to withdraw first, and even a healthy bank will fail as a result. This is a self-fulfilling panic. Deposit insurance breaks the chain: depositors who know their deposits are protected have no reason to rush to withdraw, so the run never starts.

Even a healthy bank can suffer a run

The bank has lent out most of its 30 depositors' money and keeps only 30% in cash. Adjust the share of depositors who "worry that others will withdraw" to see whether the bank holds; then switch on deposit insurance.

Bank's cash on hand

Simplified from the reasoning of Diamond and Dybvig (1983): 10% of depositors genuinely need their money; worried depositors follow them in withdrawing, and the more people withdraw, the more worried the others become. Deposit insurance assures depositors that their deposits are safe, so withdrawing early is no longer the best choice.

The cost of deposit insurance is moral hazard: depositors stop caring whether the bank is sound, and the bank may take on more risk as a result. That is why deposit insurance always comes together with prudential regulation such as capital adequacy and liquidity requirements.

6. The cost of regulation

Regulation is not free. Compliance itself costs money, and the cost is eventually passed on to clients. Excessive protection restricts the supply of products and innovation. Stigler also pointed out in 1971 that regulators can come under the influence of the industries they regulate and end up protecting incumbents, which is known as "regulatory capture". Good regulation is not a matter of more being better; it finds a balance between the benefits of protection and its costs.

Trading off regulatory intensity

The benefits of protection diminish as regulation tightens, while compliance costs and limits on supply increase. Drag the regulatory intensity to see where the net effect is greatest.

Benefits of protectionCompliance costs and limits on supplyNet effect

Illustrative curves showing direction only; they do not correspond to any measurement. Regulators can also come under the influence of the industries they regulate, known as "regulatory capture"; see Stigler (1971).

7. Implications for product design

Regulatory requirements are not add-on conditions for a product; they are the safeguard that makes its promises hold. Designing them into the product is better than patching them in afterwards.

Chapter summary: designing regulatory requirements into the product

Four design requirements, each corresponding to one mechanism in this chapter.

Information must be verifiable and comparableDesign disclosure in a verifiable form

Show key information on a consistent basis, with its source and time, so users and third parties can check it.

Suitability is the institution's responsibility to judgeUnderstand the user before recommending, and keep a record

Base recommendations on the user's situation, not on sales targets; when something does not fit, say no clearly.

How you are paid shapes what you recommendDisclose where your revenue comes from

Explain fees, commissions, payment for order flow and similar arrangements, so users can judge the conflicts of interest.

Panic is self-fulfillingProvide certain information in turbulent times

State clearly how assets are held in custody and the scope and limits of protection, to reduce panic actions driven by uncertainty.

References