Chapter II evolution of stock exchanges
Management and Institutional Structure
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2.3.4 Management and Institutional Structure
Stock markets in the Arab world have witnessed transformations in the governance. Before the mid-1980s, the markets were either unorganized or organized by a panel consisting of the Board of Directors of the Exchange. In other words, operational functions and regulatory were performed by the exchanges. This was mainly due to the small size of these markets during that period. With the increasing importance of stock markets in the economic reform programs, especially as one of the principal means of privatization, the need for greater efficiency, deep and well- organized in the market is a priority for reformers. During the previous period there was a gradual reform in every market toward the separation of regulatory functions from the stock exchange as well as establishment of an independent securities commission in order to organize and monitor market.
There are differences in the legal organization of the markets in the Arab countries. For example, in Bahrain, Kuwait, Lebanon, Sudan and Qatar, market management is allowed to serve both executive and supervisory functions under the umbrella of a securities and exchange commission. In Kuwait and Lebanon, the regulator is a committee established within the framework of the stock exchange to carry out the functions of each of the regulatory and operational functions. Although they share the same governance model, Lebanese stock market is small compared with the Kuwaiti market in term of the size and liquidity. Laws governing the stock market in countries such as Kuwait, Lebanon, in which the executive and supervisory
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role are combined, have given the management team of the stock market extensive authority to monitor the various activities (Sourial, 2004 ).
In the markets of Jordan, Egypt and some of the GCC countries these roles are divided between two institutions, one responsible for the stock market and the other for the supervision. In Jordan, the stock market was recently separated from the legislature and state supervision. Intermediaries working in the market were given the right to manage it as an independent body. According to Securities Law 76 for the Year 2002 Article 7 indicates that the Commission known as the Securities Commission shall be established, and shall have a legal personality with financial and administrative autonomy. As such, the Commission may acquire movable and immovable property and perform all legal acts necessary to achieve its objectives, including protecting investors in securities, regulating and developing the capital market to ensure fairness, efficiency and transparency; protecting the capital market from the risks it might face concluding contracts.
Egypt was the first Arab country to separate executive and supervisory responsibilities. The Egyptian stock exchange (EGX) is currently a public juristic entity and it is managed like a private company (EGX, n.d). In Oman, the Muscat Securities Market (MSM) was restructured by the issue of two Royal Decrees 80/98 and 82/98. Royal Decree 80/98 of 9 November 1998 provided for the establishment of two separate entities. The exchange shall also be a governmental entity, financially and administratively independent from the authority but subject to its supervision. The board of directors is supposed to be elected from among members of public (governmental commercially oriented) corporations, listed companies, intermediaries, and the Central Bank of Oman
(MSM, n.d). Each of the above systems has its advantages and disadvantages. The first system, which unifies financial sector management and supervision under a financial services authority, follows the British model. The second system, which gives the responsibility of supervising the market to financial services institutions, is based on the American approach. Hindy indicated (as cited in ESCWA report , 2003) that according to recent studies, the lessons learned from the South-East Asian economic crisis confirm that unifying the management and supervision of the financial sector is
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the better option, since it provides a better environment for securing the national economy against internal and external shocks .
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