Motivation and Framework

This chapter introduces the concept and a definition of the “formalization” of banking supervision that is examined in this book and outlines the aim and scope of the book. In addition to providing the reader with an overview of the history of banking supervision in eight developed countries (the US, Japan, Sweden, Germany, Switzerland, Belgium, France, and the UK), the book presents information regarding the formalization process itself. That process is assessed based on three criteria—bank regulation, supervisory authority, and supervisory activity. This approach is intended to provide more detail than a simple assessment based on banking acts that is common in financial regulation research. The aim of the analysis undertaken in this book is to identify why the history of banking supervision in various countries shares many similarities and yet also displays many differences. In Sect. 1.5, we provide an overview of the historiography of the formalization of banking supervision with a special emphasis on comparative and internationally oriented literature, while the growing body of literature on each of the national cases is discussed in subsequent chapters.

Drivers of the Formalization of Banking Supervision

In this chapter, the drivers of the formalization of banking supervision are examined from seven perspectives: (a) charter requirements, (b) banknote issuance, (c) liability rules, (d) ensuring the public’s trust, (e) financial crises, (f) economic control, and (g) financial globalization. Our analysis shows that formalization occurred in response to the shifting needs of the time/era and that the formalization process was basically incremental. Notably, financial crises, which are generally considered to be the primary drivers of major regulatory and supervisory reforms, did not always play a leading role in the formalization of banking supervision. It should also be noted that from a historical perspective, regulation and supervision were not “natural” responses to a dysfunctional banking system. Rather, the formalization of banking supervision was the product of complex political actions negotiated by relevant stakeholders with divergent interests in a specific social, political, and economic environment.

Switzerland: Formalizing Banking Supervision in the Aftermath of a Crisis, Better Late Than Never

This chapter deals with the formalization of banking supervision in Switzerland, which occurred throughout the twentieth century in a three-step process. First, between 1914 and 1931, the introduction of formal banking supervision, including a detailed Banking Act enforced by an authority, was discussed but was rejected under the influence of leading bankers. Second, in the aftermath of a severe banking crisis in 1931–1934, the resistance of bankers was undermined and a federal law on commercial banking, featuring the setting up of a new supervision agency, was adopted. Third, until the late 1970s, despite the existence of a legal code and a designated authority, the formalization was still incomplete, because the agency was lacking the formal capacity and resources to guarantee an effective enforcement of financial regulation. During that period (1930s–1970s), policymakers were unable to remove the flaws of the supervisory regime because of the strong preference of the main stakeholders (commercial banks, banking supervisors) for the existing system.

The United States: The First Formalization of Banking Supervision

This chapter examines the formalization of banking supervision in the United States (US), focusing on the federal level. During the “free banking era” from the late 1830s to 1864, several state governments created banking supervisory systems at the state level. Triggered by the fiscal needs of the Civil War, as well as the demand for a national currency, the US became the first country to introduce uniform nationwide banking supervision with the creation of the Office of the Comptroller of the Currency (OCC) and the national banking system. The main purpose of the OCC was to ensure that the national banks did not violate the regulations related to the new currency, the US dollar. From a historical perspective, the rapid social and economic development of the US from the 1850s provided the background for this institutional change. Although the US case demonstrates that financial crises have not always driven the formalization of banking supervision, the crises of 1907 and the Great Depression served to further strengthen the formalization of banking supervision by prompting the introduction of multi-agency banking supervision in the US.

Belgium: Formalization and Incremental Development of a Supervisor with Increasing Powers and Authority

The formalization process of Belgian banking supervision provides an interesting case. Mixed international influences as well as major domestic reforms influenced the direction of formalizing the supervisory system. It began in the middle of the 1930s as a consequence of the economic and financial crisis at the beginning of the decade. The reforms undertaken in 1934 and 1935 transformed the Belgian banking system from a free and unrestricted market, featuring very influential financial groups operating universal banking, to a supervised and more specialized banking system. However, based on our understanding of “formalization,” the process was not completed until the mid-1970s, because newly created formal supervision agency—the Banking Commission—initially functioned with very little resources and powers on a similar basis as its Swiss equivalent. In the post-Second World War era, the Belgian banking supervisor developed significantly, and its influence reached beyond mere prudential supervision. By the mid-1970s, the Banking Commission got involved in monetary and state financing policy, and the agency obtained the supervision of additional financial institutions.

Japan: Formalization of Banking Supervision Including a Reversal

This chapter deals with the case of Japan, which experienced a reversal of the formalization of banking supervision. Additionally, this chapter outlines the on-site examination process and the main objectives of bank examinations. During the initial adoption of formal banking supervision, its main role was the “education” of bankers rather than proper prudential oversight. Formal banking supervision was suspended between 1893 and 1914 but was reintroduced in response to requests from both bankers and the government. This reversal reflected the development of the Japanese economy in the 1900s and 1910s, and thus the main driver of the formalization of banking supervision in Japan was not a financial crisis. The gradual development of the banking sector and better-educated bankers in the early twentieth century provided the background for the transformation of the supervisor’s role. The formalization process was completed with the enactment of the Banking Act of 1927 and the creation of the Bank Inspection Section within the Ministry of Finance in 1927.

Germany: Financial Crises and Formalization of Banking Supervision

In Germany, the banking supervision formalized as a consequence of the severe banking crises of the early 1930s, just as in many other countries on the European continent. The formalization process was initiated with the decisions to temporarily take over some of the large commercial banks that faced default in the banking crisis in 1931. Due to the extended loans and direct ownership stakes, the government established a board to look after its interests. The “temporary” measures were made permanent by the Nazi-government as one of several institutional and organizational means to have banks accommodate the economic policies of the regime. All three elements of banking supervision formalization (regulation, a supervisor, and supervision) were in place by the mid-1930s. However, given the very high level of control over the banks at the time, it is misleading to date the emergence of formal banking supervision to this time. During the occupation years, the banking supervision (in West-Germany) was organized at the state-level, similar to the US system. We date the full formalization after the Second World War when the German central government's control over the banking sector ended.

Sweden: Early Adopter of Formal Banking Supervision with Incremental Steps

The banking supervision in Sweden was formalized incrementally over the last half of the nineteenth century when the banking sector grew and modernized. Swedish banking regulation developed out of the charter requirement, and the supervision out of the administration of the growing number of charter applications. With the creation of the Bank Bureau within the Ministry of Finance and the development of the Bank Inspector profession in the 1860s and 1870s, banking supervisory activities such as on- and off-site examinations became more frequent and standardized. The creation of the independent agency, the Bank Inspection Board, in 1906, and the transfer of supervisory executive powers from the Ministry of Finance to the new supervisory agency, were the final step of the formalization process. During the same period, banking regulation was harmonized and furthered a process of centralizations to the authorities in Stockholm.

The UK: Financial Globalization and Formalization of Banking Supervision

Among the developed economies, the UK was the latest to formalize banking supervision as we define it in this book. The process began in the mid-1970s following the fringe bank crisis and the simultaneous beginning of international cooperation on banking regulation matters in the Basel Committee on Banking Supervision. The crisis led to the reforms of both the Banking Act and the Bank of England Act in 1979—the Bank of England was assigned its first formal duties and responsibilities for banking supervision, and the commercial banks had to meet bank-specific requirements instead of the general corporate law. However, given the reluctance of the Bank of England to conduct banking supervisory activities as well as the Bank’s behavior to stick with the conventional informal “governor's eyebrow,” we deem the formalization process ongoing until the reforms of 1987. The Banking Act 1987 clarified the Bank of England's responsibilities and mandate regarding banking supervision, and the Board of Banking Supervision was established as a permanent formal organization to monitor and council the Bank of England on supervisory matters. The UK is an interesting case where the banking supervision remained informal until quite recently—compared to other countries. The formalization process can be explained by the crisis and the international push for harmonized banking regulation.

France: Credit Control and Formalization of Banking Supervision

The banking supervision in France was formalized with the Banking Acts of 1941 and of 1945. In 1941, the Banking Control Commission as the supervisory agency was created, and rigid financial regulation such as a minimum capital requirement and a separation of banking types was introduced. In connection to the 1941 Act, the four largest commercial banks in France were also nationalized. However, with the German occupation and the wartime situation, the formalization of banking supervision was only completed with the Banking Act of 1945. The essential contents of the 1941 Act were upheld, but the supervisory agency was given a lot of measures to enforce bank regulation. Especially, authorization of rigid penalties enhanced effectiveness of supervisory activities. The main drivers of the formalization of banking supervision in France were the policy measures undertaken during the Vichy regime and the Liberation Government's measures. In the post-Second World War era, the banking supervisory system was used mainly to enforce credit control policy actions, in a period of economic recovery and reconstruction. The banking act of January 1984 decompartmentalized the banking system and changed the institutions of supervision.