ASEAN+3 Bond Market Guide 2018 Myanmar
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ASEAN+3 Bond Market Guide 2018 Myanmar - Asian Development Bank
I. Overview
A. Introduction
The Republic of the Union of Myanmar (hereafter Myanmar) began to emphasize the development of its financial and capital markets in 2008. Much has been achieved since then.
There were a number of significant milestones in the Myanmar financial and capital markets in 2013, including the Central Bank of Myanmar (CBM) gaining its independence by law from the then Ministry of Finance (MOF), and the passage of the Securities Exchange Law (SEL). The SEL (i) laid the foundation for the key legal framework for the securities market, (ii) established the Securities and Exchange Commission of Myanmar (SECM) and the Yangon Stock Exchange (YSX), and (iii) defined market participants and their activities.¹
While no defined corporate bond market existed at the time of publication of this Bond Market Guide, the Government of Myanmar began issuing Treasury bonds (T-bonds) in 1993. CBM has been directly issuing T-bonds to the market—both public and private investors—since December 2009.
Legislative and regulatory efforts are under way to further define, organize, and implement a securities market, its institutions and participants, pursuant to the introduction of the SEL. Based on this law, SECM commenced its work in November 2014. In July 2015, SECM issued the Securities and Exchange Rules (SER) and subsequently released notifications and instructions with further regulations for the securities market.² A complete list of relevant notifications and instructions is provided in Appendix 2.
By arrangement of MOF and SECM, the YSX was successfully opened on 9 December 2015.³ It began its operation in March 2016 with the equity listing of First Myanmar Investment Co., Ltd and had already achieved three listings as of August 2016. The SECM is now driving the development of the bond market through the issuance of rules and notifications, as well as capacity building efforts.
Since 2016, Myanmar has experienced comprehensive revisions of the legal framework for its financial and capital markets, including the replacement of fundamental legislation such as (i) the Myanmar Companies Act, 1914;⁴ (ii) the associated Myanmar Companies Rules, 1940;⁵ and (iii) the Myanmar Investment Law, which was announced on 18 October 2016 and subsequently issued with accompanying rules on 30 March 2017. The Myanmar Investment Law, 2016 became effective on 1 April 2017.⁶ The Union President signed into law the new Financial Institutions Law (FIL) in 2016 to regulate the activities of banks and non-bank financial institutions (NBFIs) in the financial and securities market.⁷ The creation of these new laws was supported by both the Asian Development Bank (ADB) and the World Bank.
The objective has been to bring key legislation in line with current best practices and new developments in financial products and instruments, as well as with the most recent elements of regulatory supervision for various financial institutions and individual market segments, in a harmonized