Securities and Exchange Commission (SEC) has commenced hearing in matters involving principal officers of banks and capital market operators who might have breached the Investment and Securities Act (ISA) and the SEC rules and regulations in the ongoing crisis in the banking industry.

Ms. Daisy Ekineh, acting director-general of the commission stated this at a luncheon with journalists in Lagos.

According to Ekineh, having completed the investigations, the commission APC had in November commenced hearing on the matters involving the bank’s principal officer and capital market operators who might have breached the ISA and the SEC rules and regulations.

She added that it is expected that the hearings would be concluded soon.

The acting director-general said the banking crisis of 2009 had impacted not only on the money market but on the financial system as a whole, remarking that it had among others, exposed weaknesses in corporate governance in some banks and capital market entities.

She said the findings had revealed the involvement of capital market operators and participants in the saga.

Ekineh said the commission in 2009 focused its priorities on monitoring  and enforcement to ensure a safer more transparent and efficient capital market.

She said in order to achieve this, the commission intensified efforts to improve the efficiency of the market regulation and supervision as laws and rules are as efficient as their enforcement, adding that this included the adoption of zero tolerance on market infractions which has reduced new cases of infractions in the market, implying that operators now conform with the rules than they previously did.

The acting director-general said the commission suspended a number of operators and participants from market activities during the year while a few were referred to the Economic and Financial Crimes Commission (EFCC).

She said in the last 20 months, various enforcement actions including suspension from participating in capital market activities were taken against over 77 operators.

Ekineh said the commission intensified its on and off site inspection of operators, adding that more inspections are now conducted than were previously carried out in order to closely monitor the health and operations of intermediaries.

She noted that following the inspection findings, all operators were directed to make full and immediate provision for their impaired capital to be reflected in the October 2009 management accounts to the commission.

The acting director-general said the operators had largely compiled with the directive which showed large negative shareholders’ funds in some cases.

Ekineh contended that given the findings the commission held a meeting with operators on the imperative of re-opening the recapitalisation and consolidation exercise which was suspended and to sensitise them on the imperative for it under the present circumstance.

The recapitalisation is to be backed by risk based capital adequacy standards and risk based supervision which the commission is migrating to.

Ekineh said the objective is to create stronger institutions which would effectively and efficiently intermediate in the capital market, adding that the World Bank is assisting the commission in the move to risk based supervision and capital standards.

The commission is also formulating rules on the use of custodian for the safe keep of the assets of collective investment schemes while the possibility of same for clients of stock brokers is being examined.