Financial Supervision Authority Research Articles

Institutional framework for the Financial Supervision Authority's control over the activities of an insurance agent

ObjectivesThe subject of consideration is the supervisory powers of the Financial Supervision Authority in terms of the control of insurance agents. Act of 15 Dec 2017 on Insurance Distribution introduced the possibility of conducting inspections of insurance agents' activities by supervisory authorities. The Financial Supervisory Authority is the body that supervises the financial market, including the supervision of activities related to the distribution and redistribution of insuranceMaterial and methodsThe article has been drawn up mainly using the formal-dogmatic method. It involves the description and systematization of legal norms, interpretation of regulations, as well as an analysis of the practice of application of the law by both state administrative bodies and courtsResultsKNF inspectors, in the course of their inspection, have the authority to demand from the inspected insurance agent access to the documents of the inspected entity and to the data and information contained in the information and communication systems. However, this entitlement is not absolute. Such a request may only concern the documents and data of the controlled entity, and moreover, it is only updated when it falls within the substantive scope of the inspectionConclusionsNotwithstanding the above, the agent also remains the disposer of information covered by the secrecy of communication . The contents of the mailboxes of insurance agents, like any correspondence, are protected by the secrecy of communication, regardless of the content (art. 49, para. 1 of the Polish Constitution). In order for the supervisory authority to effectively demand access to information contained in the correspondence of an insurance agent, it should first obtain this access through a separate procedure provided for by the law.

HOUSEHOLD INSURANCE AWARENESS VS. INSURANCE SALES IN POLAND

The insurance market world-wide is developing dynamically. New products are being created, but current offers are also being improved; albeit they come with new areas of responsibility. Changes in the market and insurance products are also visible in Poland. Although they are not so dynamic as in the countries of Western Europe, an increase in sales of mainly non-life insurance has been noted year on year. That said, the dynamics of these changes is much lower than in other European countries; as is the expenditure on insurance. So the question arises, what is the cause of this situation? Could it be due to low insurance awareness? Insurance awareness is not only defined in the work as the state of knowledge of the insurance company’s client, but also as the ability to find and use this knowledge and information, to choose a product consciously, to assess this product properly, and the ability to make independent decisions based on objective information, and not subjective opinions and views. The article attempts to assess insurance awareness and the factors that define and influence the same. The work uses the available bibliography, statistical data from the Central Statistical Office, as well as the data from the Polish Chamber of Insurance and the Polish Financial Supervision Authority. An original survey was also conducted, and its results are presented in the last part of the article. As a result of the study, it turned out that insurance sales in Poland are growing. If only on this basis, insurance awareness is assessed, it can be said that the sales are also growing year on year. The respondents of the conducted survey highly assessed their knowledge of the insurance market and products. Unfortunately, the verification of their actual knowledge did not confirm this self-assessment. The average grade was only “satisfactory”; if we followed school grades. The dominant sources of information on insurance, apart from the knowledge of insurance agents, are, primarily, the Internet, as well as friends and family. These sources cannot be treated as fully objective.

Mediation in the Polish Insurance Market

The article describes mediation as one alternative dispute resolution method (ADR) available on the Polish insurance market. The author positions mediation among other ADRs on the market and describes the major features and advantages of mediation over traditional court proceedings. According to the author, mediation is very rarely used on the Polish insurance market. The vast majority of insurance mediation is conducted by the Mediation Centre of the Arbitration Court at the Polish Financial Supervision Authority. The author discusses the reasons for this including the relative newness of mediation as an ADR in Poland and a general lack of knowledge of it, the lack of system of comprehensive regulations for the profession of mediator, insurers’ attitude of “deny to the end” with regard to settling claims, and the mentalities the customs of their lawyers.

Аналіз стану організації довгострокових портфельних іноземних інвестицій у Республіці Польща: уроки для України

The article describes the process of creation of the European international capital market, new financial instruments and formation of an investment portfolio from them in order to achieve the main goal of the investor – diversification, caused by investor’s desire not to participate in the operational management of the enterprise, however reducing the risk and maximizing the return on investment of his capital. The article then reviews the recent CEE Capital Markets conference, which was held in Poland, and concludes that by many criteria the Polish capital market is the largest in the region. In addition, the article emphasizes that foreign investment inflows to Poland reached a record level in 2021-2022. Therefore, based on all this data, the article analyses in detail the attraction of foreign investment into the economy of the Republic of Poland, taking into account three main prerequisites, namely: the establishment of uniform and unchanging rules of the game by creating an institutional framework for investment and ensuring the development of capital market infrastructure; ensuring the management of the Polish capital market with the help of two main players (the Central Securities Depository of Poland and Polish Financial Supervision Authority), shaping the professional activities of market participants and providing the supervision. The subsequent analysis of the state of Poland investment activity, presented in the National Banks Report “Poland International Investment Position for 2021”, showed that all this has played a significant role in attracting long-term portfolio investments, the biggest share of which is treasury debt, to the neighbouring countrys economy in recent years. Drawing a parallel with the current situation on the Ukrainian securities market, the article goes on to note that its regulatory framework generally meets the contemporary requirements. The other two prerequisites for creating acceptable conditions for a foreign portfolio investor are only under establishment. Right now, there is an urgent need to start building the infrastructure of Ukrainian securities market with the help of a neighbouring country.

The Polish Financial Supervision Authority in the national cybersecurity system

The Polish Financial Supervision Authority in the national cybersecurity system

ORGANIZACYJNO-PRAWNE I SYSTEMOWE KONSEKWENCJE WYROKU TRYBUNAŁU KONSTYTUCYJNEGO Z DNIA 15 CZERWCA 2011 R. (K 2/09) W KONTEKŚCIE MOŻLIWOŚCI FUNKCJONOWANIA KORPUSU SŁUŻBY CYWILNEJ W URZĘDZIE KOMISJI NADZORU FINANSOWEGO

The main aim of this article is to analyze the organizational, legal, and systemic implications of the judgement of the Constitutional Tribunal in the context of the possibility that a civil service corps functions in the Polish Financial Supervision Authority (PFSA). The authors put forward and substantiate the thesis that the ruling of the Constitutional Tribunal definitely closed the possibility of establishing a civil service corps in the Polish Financial Supervision Authority, which resulted in significant legal and organizational consequences, both positive and negative. Firstly, it increases the flexibility of human resources management processes in the financial market supervisory authority, and thus permits to enhance the attractiveness of the employment. Secondly, it limits the possibility of interference by the representatives of the executive branch, such as the Prime Minister, in the substantive activities of the staff, as the Prime Minister is not their constitutional chief. Thirdly, closing the possibility of establishing a civil service corps in PFSA, while failing to establish other quality and independence assurances concerning employees of this institution, may negatively affect the quality of the functioning of the state in a holistic approach. As a result of the conducted analysis, it has been established that the systemic and legal status of the PFSA is characterized by a significant level of independence and autonomy. In the opinion of the authors, it is greater than in the case of other regulatory bodies which are also defined in law as central bodies of government administration. The authors also agree with the standpoint of the Constitutional Tribunal, which stated that the KNF Board is a public administration body functioning outside the structures of government administration. Therefore, there is no possibility for a civil service to exist in the PFSA.

Applying Benford’s law to detect earnings management

Aim/purpose – This paper analyzes the role of Benford’s law in the detection of earn- ings management in Poland. Previous research that uses Benford’s law does not split the sample into a fraud and a control group; however, this method is used in logistic regres- sion and data mining analysis. Design/methodology/approach – The sample comprises 126 observations of Polish non-financial companies listed on the Warsaw Stock Exchange for the years 2010-2021. The author uses first, second, and first-two digits analysis as a proxy for earnings man- agement detection. Findings – The results indicate that fraudulent companies have different deviations in the digits than control firms. Accordingly, the statistical test results indicate that control compa- nies have weaker conformity with the Benford distribution than fraudulent companies. Research implications/limitations – The study sample is limited to 126 observations, which is due to the small number of listed firms that received a monetary fine from the Polish Financial Supervision Authority (UKNF Board) for violation of IAS/IFRS princi- ples related to their financial statements during the study period. Originality/value/contribution – The author offers a significant contribution to the accounting literature by proposing the separation of fraudulent and control observations in Benford analysis due to differences in the deviations of digits. Also, analyzing the full sample may lead to the identification of inappropriate areas for further auditor analysis. Keywords: earnings management, digital analysis, Polish companies. JEL Classification: C46, M40, M42.

Building The Resilience of Enterprises Through Financial Insurance: The Scale and Dynamics of The Phenomenon in Poland

Business activities involve high risk. Nowadays, in times of many challenges emerging at the same time, financial risk is becoming particularly important in business. Its implementation may have serious consequences for the further functioning of the company, reducing the overall resilience of companies to emerging challenges. Entrepreneurs take various actions to reduce financial risk, including the transfer of risk to an insurance institution. The aim of our study is to determine the scale and dynamics of changes in the use of financial insurance by Polish companies in the context of building their resilience. The research used literature studies and reports from the Polish Financial Supervision Authority. The analysis covers the years 2010-2021. Over the last decade, the importance of financial insurance in business risk management has been increasing. The increase in the number of financial insurance contracts means increased protection in the event of inability to repay a loan, loss of profits, or reduced risk in the event of contractors’ insolvency. Entrepreneurs mostly purchased insurance for various financial risks and used insurance guarantees to a lesser extent. The number of financial insurance benefits paid increased threefold in the analyzed period. In turn, the value of claims settled (paid) under financial insurance decreased. Similar trends were visible for the average value of compensation paid.

Nieprawidłowości w sprzedaży łączonej i wiązanej kredytów mieszkaniowych i ubezpieczeń

Banks, as part of cooperation with insurance companies, offer customers insurances. The of insurance is securing loan repayment. Polish Financial Supervision Authority (KNF) issued a number of reports on this subject. Identified by KNF numerous irregularities and the previous nonregulation resulted in 2014 r. publish Recommendation U. After the Recommendation U the national legislator as a result of the implementation of the directives introduced many significant changes in the area of bancassurance, which fundamentally changed the way banks offer insurance and strengthened the position of consumers. The idea of offering home loans with insurance is currently being realized as part of bundling and in certain situations also in tying practices and the position of the consumer is strengthened for example by information obligations imposed on banks. The main purpose of the article is to present the definition of the concept, forms and the scope of its application by the search banks, causes and consequences of improper bundling and tying practices and to indicate repair solutions. The presented objective of the project fits in with the research gap in the literature on the subject. Currently, there are no studies that would analyze the consequences for consumers of bundling and tying practices insurance with a home loan. Methodology. In theoretical part of the article author used analysis of the literature and a review of legal regularions. In order to determine the nature of irregularities occurring in the process of offering insurance by banks author used analysis how banks offers mortgage credit with insurance. Author also used in the article several examples of complains submitted by consumer to Financial Ombudsman in the years 2017–2021. The result of the research. The research allowed to notice current irregularities that may indicate a violation of consumer interests on the bancassurance. The identified irregularities are occuring for example in offering insurance that is unsuited to the client’s needs, misleading or concluding a contract basing only verbal information. The mismatch of loan repayment insurance is largely due to deficiencies in the credit process.

Insurance Market in the Light of Covid-19 Pandemic

The COVID-19 pandemic has been compared to world wars or other tragic events in terms of the death toll it has taken and huge economic losses it has caused. It is not a finished process, so it is difficult to predict the scale of its impact. According to IMF estimates, the contraction of the world economy will be much greater than in the years of the financial crisis of 2008–2009. The negative effects in different countries may depend on the severity and extent of the applied lock-down or interventions undertaken by governments. Changes taking place in various sectors of the economy are of a different nature. The effects of the pandemic can be also seen in the insurance segment.
 The aim of this article is to find answers to the following research questions:
 
 To what extent did the COVID-19 pandemic affect the situation on the insurance market?
 In which areas are its consequences particularly visible?
 What kind of opportunities and threats does the pandemic bring from the perspective of the insurance market?
 
 Methodology. The analysis used available scientific publications, reports prepared by the Polish Financial Supervision Authority, Polish Insurance Association and entities conducting brokerage activities or selected consulting companies.
 The result of the research. In a few days, in March 2020, a real revolution took place on the insurance market. The insurers faced the need to introduce completely remote customer service. They also had to launch new tools, which in many cases were still in the testing phase and which they did not have the opportunity to use on a large scale. With the onset of the pandemic, they were quickly implemented. It was related to additional funds, huge commitment and discipline of all employees, liquidators, agents, sales departments, and administration. Consequent on this, clients gained full access to all services and insurance products, without leaving home. On the other hand, pandemic has led to the significant changes within the demand for the insurance services and customers’ expectations, but also to growing scale of damages and compensation paid to the clients leading to the higher insurance premiums.

Application of the Beneish Model on the Warsaw Stock Exchange

This paper investigates irregularities in financial statements by applying the Beneish and Roxas models to Polish firms listed on the Warsaw Stock Exchange from 2015 to 2020. The total sample included 110 observations. The sample comprised companies that had received an adverse or disclaimer opinion by the auditors, but had not been fined by the Polish Financial Supervision Authority (KNF Board). The control firms were selected based on the industry as selected by the standard industrial classification code and on the financial year, with minimizing the difference in the size of total assets. The results indicate that the Roxas model revealed greater accuracy than the Beneish model on the tested sample. The use of logistic regression allowed a modification of the Beneish model to align it with the conditions of the Polish market. The modified Beneish model showed greater accuracy for the tested sample and companies fined by the KNF Board.

Determinants, standards and principles of cooperation between the Polish Financial Supervision Authority and selected stakeholders of the state security system

The aim of the article is to analyze determinants, standards and principles of co-operation between the Polish Financial Supervision Authority and selected stakeholders of the state security system. This is especially important in the context of the dynamic development of the financial market, challenges resulting from the computerization of this market in the era of pandemics and the geopolitical situation related to the war in Ukraine. Authors accepted the hypothesis that the effectiveness of cooperation of entities responsible for state security depends, on the one hand, on the proper legal basis, and on the other hand, on soft factors such as mutual trust, community of goals and competence of employees of public institutions and officers. The article is a review with a theoretical and empirical component. The doctrine and legal acts were analyzed, and also empirical material collected during the research process was analyzed. For the purposes of the considerations, the dogmatic-legal method and the analysis of source materials of the Polish Financial Supervision Authority were used.

The Polish Financial Supervision Authority in the Polish administrative system

2. Góral L., Ustawa o nadzorze nad rynkiem finansowym. Komentarz, Warszawa 2013. Google Scholar

Międzynarodowe normy płynności jako uzupełniające miary bezpieczeństwa banku oraz sektora bankowego

The purpose of the article is to assess the security of Polish listed banks and the entire banking sector in terms of their liquidity. This article characterizes the liquidity of the Polish banking sector and Polish listed banks in the years 2009–2019. Methodology. The analysis was based on post-crisis LCR and NSFR liquidity ratios. The calculations used the financial data provided by the Bank Focus database, the Polish Financial Supervision Authority and consolidated financial statements of Polish listed banks. To achieve the set objective were used methods of comparing documents and legal acts (especially in the part of the article concerning the characteristics of the international standards of liquidity) and the methods of descriptive statistics (in the empirical part of the article). Results of the research. The above analysis is the basis for the verification of the hypothesis that international liquidity standards increase the level of security of Polish listed banks and the entire banking sector.

Hurricane Risk and Property Insurance in Poland

The objective of this paper is to identify the current situation and the trends in the market of property insurance offering protection against hurricane risk. This paper presents data on strong winds in January and February 2022 in Poland and the damage caused by them. Information from the General Headquarters of the National Fire Service, from the Energa Group of Companies and from individual insurance companies was used. The analysis was performed for insurance market data, and it focused on group 8, Section II (insurance against the element risk). To this end, the Annual Reports of the Polish Insurance Chamber and the Financial Supervision Authority for the past five years were used. Climate changes carry with them catastrophic phenomena whose frequency is growing. These include hurricanes, which have been causing multi-million property losses in recent years. Insurance companies include various aspects in the protection, which enables the policyholder to customize the product to their needs. Clients opt for this type of protection increasingly often. The gross written premium in insurance against elements and the number of active insurance policies is growing. The premium amount increased by more than 46% during the study period, and the number of active insurance policies increased by nearly 19%.

Nieuczciwe praktyki w zakresie refinansowania z wykorzystaniem krótkoterminowych pożyczek

The purpose of this article is to present civil law mechanisms protecting consumers against unfair practices of the financial market. Companies that grant loans often bypass statutory cost limits out of concern for their own economic interests to the detriment of their customers. There-fore, it is important to point out unfair practices to which consumers are subjected by entrepre-neurs operating in the loan services sector.The work indicates the sources of consumer protection at the national and European level, which are to counteract the violation of consumer rights in commercial transactions sensu largo. It should be stressed that the consumer in asymmetrical relations is a subject particularly vulnerable to unfair practices of the trader, who often uses his advantage, especially his information ad-vantage, to gain additional income by imposing on the consumer a number of financial burdens (usually not equivalent to the costs incurred by the trader), resulting in harming the weaker party to the loan contract, i.e. the consumer. The market of financial services that specialise in granting short-term loans is not subject to control by the Polish Financial Supervision Authority (KNF), which encourages unfair market practices, therefore it is important to notice the problem of lack of state supervision over the activities of such companies. This paper is the result of analysis of case-law and literature in the field of non-bank fi-nancial services.

Distribution of credit-risk concentration in particular sectors of the economy, and economic capital before and during the COVID-19 pandemic

The aim of the work underpinning this paper has been to track the evolution of tail risk in banks’ NPL portfolios present under normal and worst conditions (before and during the pandemic of COVID-19), and to estimate the impact of sector concentration risk on amounts of economic capital. Results further allowed for analysis of different sectors with a view to determining which is riskiest. The study makes use of a multi-factor structural model, given that each sector is affected by a different systematic risk factor, with the assets of borrowers from the same sector thus correlated markedly, even as correlations between sectors are low. The research has in fact sought the further development of methodology proposed by Düllmann and Masschelein in 2006—in the direction of improved accuracy of economic-capital estimates, thanks to alternate means of mapping out the sectoral factor correlation matrix. The empirical analysis was based on individual data from Prudential Reporting under the National Bank of Poland, as well as market data. Results reveal an increase in tail risk through the 2015–2017 period, as followed by the onset of a decline. Where the paper’s second aim is concerned, there is found to be support for the idea that economic capital may be increased where sector concentration in the portfolio of a bank is accounted for. Tail risk is found to be concentrated in the sectors of construction and real estate, with accommodation and food services becoming more volatile during the pandemic. A channel for risk transfer between the financial and corporate sectors is thus found to exist. Thanks to the work done we have a better understanding of the impact of sectoral concentration of individual banks’ lending activities on level of risk, with the possibility of this gaining application as stress tests are conducted, and as supervisory recommendations from Poland’s Financial Supervision Authority are formulated.

Shadow Banking in the Financial System in Poland in 2007–2009 and 2017–2019

Purpose: The main goal of this work is to present shadow banking in the financial sector. The specific aim is to present and classify non-banking financial intermediaries. For the purposes of the study, the following hypothesis was formulated: shadow banking poses a threat to the maintenance of the stability of the financial system in Poland. Design/methodology/approach: The research method used in the article is a critical analysis of the related literature on the basis of many studies and reports available on the market. Findings: The results of the literature review are the basis for statements about shadow banking in the financial sector. Other research should be devoted to the analysis of the stability of the financial system during the COVID-19 pandemic, because there will be many other factors that affect the functioning of banking or non-banking entities and also shape new directions of their development. Research limitations/implications: The review was limited to reports of the National Bank of Poland, the Polish Financial Supervision Authority and the Central Statistical Office (now Statistics Poland) only due to the necessity to standardize the sources of publication of research results. Originality/value: Conclusions from the review may inspire others to undertake research in previously unexplored areas. They may also be a guide to ensure its best possible quality.

Zasady uczciwego obrotu w teorii i praktyce

The purpose of the article: General clauses are an important element of the legal system. They supplement the law regulations taking into account moral norms commonly accepted in society. Their general nature means that they are the subject of both discussions in the legal literature and comments and references in court decisions. The specificity of general clauses and the need to precise them in each case in which they are applied, result in a certain unpredictability of judgments. One of the most famous general clauses is the clause of principles of social coexistence. It appeared in the Polish legal system after World War II along with the new political system. It replaced the principle of good manners used in the Second Polish Republic. Since 1990, the return of the name of this principle to the Polish legal system has been visible. On the other hand, in legal regulations relating to the capital market, the clause of the principles of fair trade is used. It can be considered that the nature of the three clauses mentioned above is similar. The aim of the article is to analyze the nature and similarity of these general clauses with particular emphasis on the clause of the principles of fair trade in the capital market. Methodology: The study is theoretical and empirical in nature. The theoretical part was based on a review of the literature. The empirical part is realized by the analysis of the court decisions. Results of the research: The results show that the finding by the Polish Financial Supervision Authority a violation of the principles of fair trade as a basis for imposing administrative sanctions should be supported by a reference to the specific standard of conduct and be precisely described. It cannot be defined in general terms only. Otherwise, it may be effectively challenged by way of a complaint to an administrative court. On the other hand, in court judgments, in cases referring to the principles of social coexistence (the principles of fair trade), discrepancies in application can be noticed resulting from the specificity of general clauses.

Credit economy of banks during SARS-CoV-2

Each pandemic is the greatest potential, negative and global risk, especially when it is connected with high morbidity and mortality. There are also negative social and economic effects associated with a pandemic. The world is fighting nowadays against the COVID-19 pandemic, which is caused by SARS-CoV-2. Thus, there is high concern about the global economy. In the opinion of some analysts, COVID-19 will contribute to the global recession.
 It is worth emphasizing that the Polish Financial Supervision Authority, the Financial Stability Committee, as well as the National Bank of Poland undertake actions focused on introduction of measures aimed at maintaining the availability of credit for entrepreneurs. At the same time, the Polish Bank Association (ZBP) initiated some facilitations for bank customers with regard to paying off liabilities, as well as extending the period of the loan itself (A. Sieroń, 2021).
 For those involved in observation of central banks activities, it is obvious that the monetary policy reaction to the situation resulting from the COVID-19 pandemic is dictated by many reasons, and thus, is considered to be exceptional. The purpose of this analysis is to examine in a systematic manner some of the aspects of the above unique situation and to make some comments. The observations described in the paper result only from information relating to the initial reactions of banks to the situation connected with the COVID-19 pandemic. It would be wrong to say that banks can be considered completely safe today. New economic and social events could contribute to the inefficiency of this sector. One of such event is the COVID-19 pandemic. In the long run, there may be more risks of this kind.