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Ongoing conduct issues in the banking sector have sparked global discussions on the effectiveness of the corporate governance of these institutions. This dissertation commences by exploring the internationally evolving regulatory landscape of prudential corporate governance and the role of bank senior management within these frameworks using a law and economics perspective. Two model jurisdictions, the United Kingdom and the Netherlands, are identified as pioneers with their emerging approaches to tackle the persisting challenges. Against this backdrop, the study turns to Switzerland. It fills the gap of a comprehensive supervisory law analysis of bank senior management. For this purpose, the fragmented provisions are distilled from their institutional embedding and structured along the supervisory law life cycle of authorisation, ongoing supervision and enforcement. Along each phase, the respective novel approaches from the model jurisdictions are presented. Through these analyses, the dissertation identifies gaps and inefficiencies in the Swiss supervisory law framework. These findings are synthesised in order to gain a holistic view of the current setup. Concluding, future pathways for Switzerland are presented, also inspired by international developments, to propose a more structured, robust and efficient framework for the regulatory oversight of the senior management of Swiss banks.
Bank Regulation, Risk Management, and Compliance is a concise yet comprehensive treatment of the primary areas of US banking regulation – micro-prudential, macroprudential, financial consumer protection, and AML/CFT regulation – and their associated risk management and compliance systems. The book’s focus is the US, but its prolific use of standards published by the Basel Committee on Banking Supervision and frequent comparisons with UK and EU versions of US regulation offer a broad perspective on global bank regulation and expectations for internal governance. The book establishes a conceptual framework that helps readers to understand bank regulators’ expectations for the risk management and compliance functions. Informed by the author’s experience at a major credit rating agency in helping to design and implement a ratings compliance system, it explains how the banking business model, through credit extension and credit intermediation, creates the principal risks that regulation is designed to mitigate: credit, interest rate, market, and operational risk, and, more broadly, systemic risk. The book covers, in a single volume, the four areas of bank regulation and supervision and the associated regulatory expectations and firms’ governance systems. Readers desiring to study the subject in a unified manner have needed to separately consult specialized treatments of their areas of interest, resulting in a fragmented grasp of the subject matter. Banking regulation has a cohesive unity due in large part to national authorities’ agreement to follow global standards and to the homogenizing effects of the integrated global financial markets. The book is designed for legal, risk, and compliance banking professionals; students in law, business, and other finance-related graduate programs; and finance professionals generally who want a reference book on bank regulation, risk management, and compliance. It can serve both as a primer for entry-level finance professionals and as a reference guide for seasoned risk and compliance officials, senior management, and regulators and other policymakers. Although the book’s focus is bank regulation, its coverage of corporate governance, risk management, compliance, and management of conflicts of interest in financial institutions has broad application in other financial services sectors. Chapter 6 of this book is freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND) 4.0 license.
Ongoing conduct issues in the banking sector have sparked global discussions on the effectiveness of the corporate governance of these institutions. This dissertation commences by exploring the internationally evolving regulatory landscape of prudential corporate governance and the role of bank senior management within these frameworks using a law and economics perspective. Two model jurisdictions, the United Kingdom and the Netherlands, are identified as pioneers with their emerging approaches to tackle the persisting challenges. Against this backdrop, the study turns to Switzerland. It fills the gap of a comprehensive supervisory law analysis of bank senior management. For this purpose, the fragmented provisions are distilled from their institutional embedding and structured along the supervisory law life cycle of authorisation, ongoing supervision and enforcement. Along each phase, the respective novel approaches from the model jurisdictions are presented. Through these analyses, the dissertation identifies gaps and inefficiencies in the Swiss supervisory law framework. These findings are synthesised in order to gain a holistic view of the current setup. Concluding, future pathways for Switzerland are presented, also inspired by international developments, to propose a more structured, robust and efficient framework for the regulatory oversight of the senior management of Swiss banks.
Since banking systems play a crucial role in maintaining the overall health of the economy, the adverse effects of poorly supervised systems may be quite severe. Without some form of vigilant external oversight, banking systems could fall prey to excessive risk taking, moral hazard, and corruption. Prudential supervision provides that oversight, using government regulation and monitoring to ensure the soundness of the banking system and, by extension, the economy at large. The contributors to this thoughtful volume examine the current state of prudential supervision, focusing on fundamental issues and key pragmatic concerns. Why is prudential supervision so important? What kinds of excess must it guard against? What particular forms does it take? Which of these are the most effective deterrents against mismanagement and system overload in today's rapidly shifting financial climate? The contributors foresee a continued movement beyond simple regulatory rules in banking and toward a more active evaluation and supervision of a bank's risk management practices.
The asymmetry of responsibilities between management and corporate governance both for day-to-day operations and the board’s monthly or quarterly review and evaluation remains an unresolved challenge. Expertise in the area of risk management is a fundamental requirement for effective corporate governance, if not by all, certainly by some board members. This means that along with board committees such as "compensation", "audit", "strategy" and several others, "risk management" committees must be established to monitor the likelihood of certain events that may cause the collapse of the firm. Risk Management and Corporate Governance allows academics and practitioners to assess the state of international research in risk management and corporate governance. The chapters overlay the areas of risk management and corporate governance on both financial and operating decisions of a firm while treating legal and political environments as externalities to decisions undertaken.
The financial system and its regulation have undergone exponential growth and dramatic reform over the last thirty years. This period has witnessed major developments in the nature and intensity of financial markets, as well as repeated cycles of regulatory reform and development, often linked to crisis conditions. The recent financial crisis has led to unparalleled interest in financial regulation from policymakers, economists, legal practitioners, and the academic community, and has prompted large-scale regulatory reform. The Oxford Handbook of Financial Regulation is the first comprehensive, authoritative, and state of the art account of the nature of financial regulation. Written by an international team of leading scholars in the field, it takes a contextual and comparative approach to examine scholarly, policy, and regulatory developments in the past three decades. The first three parts of the Handbook address the underpinning horizontal themes which arise in financial regulation: financial systems and regulation; the organization of financial system regulation, including regional examples from the EU and the US; and the delivery of outcomes and regulatory techniques. The final three Parts address the perennial objectives of financial regulation, widely regarded as the anchors of financial regulation internationally: financial stability, market efficiency, integrity, and transparency; and consumer protection. The Oxford Handbook of Financial Regulation is an invaluable resource for scholars and students of financial regulation, economists, policy-makers and regulators.
Multinational Enterprises and the Law is the only comprehensive, contemporary, and interdisciplinary account of the techniques used to regulate multinational enterprises (MNEs) at the national, regional, and multilateral levels. In addition, it considers the effects of corporate self-regulation, and the impact of civil society and community groups upon the development of the legal order in this area. The book has been thoroughly revised and updated for this third edition, making it a definitive reference work for students, researchers, and practitioners of international economic law, business, corporate and commercial law, development studies, and international politics. Split into four parts, the book first deals with the conceptual basis for MNE regulation. It explains the growth of MNEs, their business and legal forms, and the relationship between them and the effects of a globalised economy and society upon the evolution of regulatory agendas in the field. Part II covers the main areas of economic regulation, including the limits of national and regional jurisdiction over MNE activities, controls over, and the liberalisation of, entry and establishment, tax, company and competition law and the impact of intellectual property rights on technology diffusion and transfer. Part III introduces the social dimension of MNE regulation covering labour rights, human rights, and environmental issues. Finally, Part IV deals with the contribution of international investment law to MNE regulation and to the control of investment risks, covering the main provisions found in international investment agreements, their interpretation by international tribunals, and how concerns over these developments are leading to reform proposals.

Italy

International Monetary Fund. Monetary and Capital Markets Department

Published: 2013-12-06

Total Pages: 179


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This paper elaborates key findings of the Detailed Assessment of Observance of Basel Core Principles for Effective Banking Supervision by Italy. The core supervisory process at the Banca d’Italia (BI) is strong, and it has a well-defined and integrated supervisory approach. BI is well regarded both in terms of independence, professional qualification, and integrity. The various components of its supervision are integrated in the Supervisory Review and Evaluation Process. The authorities have made progress in addressing the recommendations of the 2006 Financial Sector Assessment Program, although some issues remain. The supervisory coverage of the Bank of Italy is comprehensive, and the follow-up process is intensive.

Sweden

International Monetary Fund. Monetary and Capital Markets Department

Published: 2023-04-20

Total Pages: 283


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Since the last financial Sector Assessment Program (FSAP) in 2016, the authorities have adopted a number of regulatory reforms to enhance the resilience of the Swedish financial system. The key changes to the legal framework for banks and banking supervision in Sweden have mainly been a direct result of legal initiatives at European Union (EU) level.