Financial Crime World

Banking Governance: Effective Enforcement Mechanisms Crucial to Compliance

Importance of Effective Enforcement Mechanisms

In a bid to ensure that financial institutions operate in a transparent and accountable manner, the banking sector regulator has emphasized the need for effective enforcement mechanisms to address violations of the Banking Act and other relevant laws. The regulatory body has underscored the importance of putting in place procedures to ensure compliance with the Banking Act, as well as all other relevant Acts, regulations, and guidelines.

Key Principles for Effective Governance

  • Identify, report, and follow up on deviations by an appropriate level of management
  • Establish clear policies regarding conflicts of interest, fair treatment of customers, and information sharing with stakeholders
  • Set up clear complaints procedures to deal effectively with customer complaints
  • Ensure competent senior management executes the policies and plans of the board

Senior Management Appointment and Performance Evaluation

  • Appoint a chief executive officer or managing director who possesses high integrity, technical competence, and a proven track record in the industry
  • Obtain board approval for appointing individuals to other senior management positions
  • Set performance-based compensation policies, goals, and standards for senior management
  • Conduct regular assessments of their performance against established objectives

Ongoing Training and Development Programs


  • Emphasize the need for ongoing training and development programs for management personnel
  • Prioritize formulating an orderly succession plan to ensure ongoing management of the institution

Transparency in Governance


  • Ensure fair compensation within the organization with full and clear disclosure in financial statements
  • Disclose material information on:
    • Financial and operating results of the institution
    • Objectives, governance structures, and policies
    • Major share ownership and voting rights
    • Shareholding of each director in the institution

Annual Audits and Disclosure Requirements


  • Conduct annual audits by an independent, competent, and qualified auditor in accordance with Section 19 of the Banking Act
  • Disclose information to facilitate fair, timely, and cost-efficient access to relevant information by users

Conclusion

Effective enforcement mechanisms are crucial to ensuring compliance with the Banking Act and other relevant laws. The regulator has emphasized the need for transparent governance practices, fair compensation, and ongoing training and development programs to ensure that financial institutions operate in a responsible and accountable manner.