Wednesday, October 12, 2011

The Industry Compliance and Risk Management in Banking Part.I

In 2004, the Parmalat scandal has revealed a huge hole in the accounts of the group of food while a considerable amount of money was diverted to tax havens, splashing in passing several private banks. A

Like Enron in 2001, these scandals have led to a stricter financial regulation, arguing in particular for greater transparency and increased customer knowledge, like the last part of the Directive for the anti-money laundering entry into force in 2005.

Against a background of risk management, the recent regulations (Basel II ...) were, in general, translated contextually in the legal departments of banks declined by their directions operationally risk, internal control, checking the correct application. Beyond these functions, the consideration of operational risk under Basel regulation and more generally the risk of non-compliance requires a related but separate governance, namely the "compliance". Commonly translated by the term "compliance", it transcends and includes the current notion of "ethics", focusing on compliance with the rules of conduct within the organization and vis-à-vis third bank, and especially under legal limits. Specifically, the compliance ensures that the bank acts in accordance with its rules, the law, the Code of Conduct, as well as best practices to avoid irregularities in the functioning of the Institution, its organs and its staff [1]. Therefore, in an environment where ethics is rooted in the everyday life of private banks for decades, compliance developed in parallel or even supplants to occupy an ever more important.

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