Traditionally approach of corporate governance in the
financial sector often involved the regulator or bank supervisor relying on
statutory authority to devise governance standards promoting the interests of
shareholders, depositors and other stakeholders.
Corporate governance in the banking and financial sector
differs from that in the non-financial sectors because of the broader risk that
banks and financial firms pose to the economy. As a result, the regulator plays
a more active role in establishing standards and rules to make management
practices in banks more accountable and efficient. Unlike other firms in the
non-financial sectors, a mismanaged bank may lead to a bank run or collapse,
which can cause the bank to fail on its various counterparty obligations to
other financial institution and in providing liquidity to other sectors of the
economy.
For reason of financial stability, national banking law and
regulation should permit the bank regulator to play the primary role in
establishing governance standards for banks, financial institutions and
bank/financial holding companies. The regulator represents the public interest,
including stakeholders, and can act more efficiently than more stakeholder
groups in ensuring that the bank adheres to its regulatory and legal
responsibilities.
Another contrasting view is need for remedies should be
strengthened to enforce corporate governance standard by banks. This would
involve expanding the scope of fiduciary duties beyond shareholders to include
depositors and creditors.
Increasingly, international standards of banking regulation
are requiring domestic regulators to rely less on a strict application of
external standards and more on internal monitoring strategies that involve the
regulator working closely with banks and adjusting standards to suit the
particular risk profile of individual banks. Indeed, Basel II emphasis that
banks and financial firms should adopt, under the general supervision of the
regulator, internal self-monitoring systems and processes that comply with
statutory and regulatory standards. Basel II provides for supervisory review
that allows regulators to use their discretion in applying regulatory
standards.
International Standards of Corporate governance for banks
and financial institutions
Ø
Organisation for Economic Co-operation and
Development
Ø
Basel II
Capital accord Pillar II
o
Regulatory framework for banks
§
Internal Capacity Adequacy Assessment Process
(ICAPP)
§
Risk management
o
Supervisory framework
§
Evaluation of internal systems of banks
§
Assessment of risk profile
§
Review of compliance with all regulations
§
Supervisory measures
Ø
National financial regulation and corporate
governance
Ø
Company law
Ø
Anti-money laundering rules
http://www-cfap.jbs.cam.ac.uk/publications/downloads/wp17.pdf