Loading...

Top
Help
×

By creating an account you can:

Logo TaxTMI
Call Us / Help / Feedback

Contact Us At :

E-mail: [email protected]

Call / WhatsApp at: +91 99117 96707

For more information, Check Contact Us

FAQs :

To know Frequently Asked Questions, Check FAQs

Most Asked Video Tutorials :

For more tutorials, Check Video Tutorials

Submit Feedback/Suggestion :

Email :
Please provide your email address so we can follow up on your feedback.
Category :
Description :
Min 15 characters 0/2000
Make Most of Text Search
  1. Checkout this video tutorial: How to search effectively on TaxTMI.
  2. Put words in double quotes for exact word search, eg: "income tax"
  3. Avoid noise words such as : 'and, of, the, a'
  4. Sort by Relevance to get the most relevant document.
  5. Press Enter to add multiple terms/multiple phrases, and then click on Search to Search.
  6. Text Search
  7. The system will try to fetch results that contains ALL your words.
  8. Once you add keywords, you'll see a new 'Search In' filter that makes your results even more precise.
  9. Text Search
Add to...
You have not created any category. Kindly create one to bookmark this item!
Create New Category
Hide
Title :
Description :
❮❮ Hide
Default View
Expand ❯❯
Close ✕
🔎 News - Adv. Search
TEXT SEARCH:

Press 'Enter' to add multiple search terms. Rules for Better Search

Search In:
Main Text + AI Text
  • Main Text
  • Main Text + AI Text
  • AI Text
Category: ?
Categorized by AI
---- All Categories ----
  • ---- All Categories ----
  • Income Tax
  • GST
  • Customs, DGFT & SEZ
  • FEMA & RBI
  • Corp. Laws, SEBI & IBC
  • PMLA, Black Money & ED
  • Budget
  • News and Press Release
  • PTI News
Month:
---- All Months ----
  • ---- All Months ----
  • January
  • February
  • March
  • April
  • May
  • June
  • July
  • August
  • September
  • October
  • November
  • December
Year:
---- All Years ----
  • ---- All Years ----
  • 2026
  • 2025
  • 2024
  • 2023
  • 2022
  • 2021
  • 2020
  • 2019
  • 2018
  • 2017
  • 2016
  • 2015
  • 2014
  • 2013
  • 2012
  • 2011
Sort By: ?
In Sort By 'Default', exact matches for text search are shown at the top, followed by the remaining results in their regular order.
Relevance Default Date
    Central Bureau of Narcotics (CBN) and PHARMEXCIL Sign Memorandum of Understanding to Boost Legitimate Pharmaceutical Exports and Strengthen Regulatory...
    RBI's USD-INR Swap Facility Sparks Unprecedented Forex Inflows into India, Banks Raise USD 73 Billion in eleven weeks
    Rupee falls 4 paise to 95.74 against US dollar in early trade
    Former cop Waze files fresh plea in Mumbai court, wants PMLA case against him dropped
    Rupee settles 1 paisa higher at 95.70 against US dollar
    Ontario's premier: Canada should be ready to cut electricity, critical minerals as trade woes worsen
    UIDAI, Army launch Aadhaar biometric update camps for students in Assam's Tamulpur
    J&K PCC chief opposes electricity tariff hike, demands immediate rollback
    Govt lifts ban on wheat exports to protect farmers interest amid depressed local prices
    FDA suspends licences of five food outlets on Mumbai Cricket Association premises
    Govt appoints ex-diplomat Akbaruddin, 2 other new members to RBI central board
    'Only 6.83 per cent after 4 years': Omar Abdullah defends J&K power tariff hike
    No sugar shortage in India, prices to ease in coming days following govt's measures: ISMA
    Govt lifts export ban on wheat and its products
    ED raids several places in UP, Haryana in GST fraud case; over Rs 1 crore cash seized
    From Syrup Diversion to Sugar Production: SED's Integrated Process House Solution for Shivshakti Sugars' 7,500 TCD Plant
    Chandigarh University Provides In-House Training for Civil Services, Defence, Management, Banking & PSUs
    ICSI inaugurates new Chapter Office in Hyderabad
    Curis Lifesciences Charts a New Growth Path with Uninova, Export Markets and Branded Pharma Expansion
    IBC @ Crossroads: A Decade of Evolution, The Road Ahead
❯❯
Maximize Maximize Maximize
0 / 200
Expand Note
Add to Folder

No Folders have been created

+

Are you sure you want to delete "My most important" ?

NOTE:

News
Showing Results for :
Reset Filters
Results Found:
Show All Summaries Hide All Summaries
August 25, 2026
Show AI Summary
Voluntary pharmaceutical export compliance framework promotes legitimate trade while safeguarding controlled substances through information sharing and coordinated capacity building.
The Memorandum of Understanding creates a cooperative framework for legitimate pharmaceutical exports and safeguards against diversion of narcotic drugs, psychotropic substances and controlled precursors. A voluntary, non-binding code of conduct will recommend industry practices without imposing obligations beyond applicable law. Cooperation includes identifying export bottlenecks, streamlining procedures for compliant exporters, capacity-building programmes, lawful and confidential information sharing, and nomination of company contact persons to coordinate voluntary compliance measures.
August 25, 2026
Show AI Summary
USD-INR forex swap facility accelerates foreign-currency mobilisation through non-resident deposits and institutional borrowing, strengthening India's external buffers.
USD-INR forex swap facility for FCNR(B) deposits, overseas foreign-currency borrowings and external commercial borrowings enabled banks to access foreign-currency funding through a special swap window. FCNR(B) deposits formed the principal component of the reported foreign-exchange inflows, reflecting participation by non-resident Indians. The FCNR(B) window was scheduled for early closure after the stated mobilisation objective was achieved ahead of schedule, and the inflows were presented as strengthening external buffers through long-term non-resident deposits and institutional funding.
August 25, 2026
Show AI Summary
Foreign-exchange intervention moderated rupee depreciation as crude prices, importer dollar demand and geopolitical uncertainty sustained currency-market pressure.
Foreign-exchange conditions reflected a marginal weakening of the rupee against the US dollar, influenced by elevated crude-oil prices, importer demand for dollars, weaker Asian equities and geopolitical uncertainty. The currency remained within a narrow trading band, with RBI dollar sales described as moderating sharper depreciation. The RBI's special USD-INR forex swap facility for FCNR(B) deposits, Overseas Foreign Currency Borrowings and External Commercial Borrowings mobilised substantial foreign-exchange inflows, indicating support from non-resident Indian participants.
August 24, 2026
Show AI Summary
Prior government sanction for public servants is contested as essential before money-laundering proceedings may validly proceed for official-duty acts.
Prior prosecution sanction is asserted to be a jurisdictional precondition for money-laundering proceedings against a public servant for acts connected with official duty. A former police officer challenges cognizance and process for want of sanction under the criminal procedure framework and the Maharashtra Police Act, relying on sanctions subsequently granted for co-accused public servants. The allegations concern collection of funds through the officer and their alleged laundering through an educational trust.
August 24, 2026
Show AI Summary
Rupee exchange-rate movement gained marginal support from foreign equity inflows despite crude oil, importer demand and geopolitical pressures.
Rupee exchange-rate movement against the US dollar reflected a marginal appreciation, supported by foreign fund inflows into domestic equities. Trading remained within a narrow range amid pressures from higher crude oil prices, continuing importer demand, and geopolitical concerns. Market conditions also included a stronger dollar index, lower Brent crude futures, domestic equity declines, and net foreign institutional investment. Elevated oil prices and geopolitical uncertainty indicated a slight negative bias, while possible US dollar weakness could support the rupee.
August 24, 2026
Show AI Summary
Retaliatory trade measures may target electricity, critical minerals and integrated automotive supply chains amid escalating cross-border tariff disputes.
Canada-United States trade relations involve escalating tariffs and contemplated reciprocal restrictions affecting goods, automotive production, electricity exports and critical-mineral supplies. Potential Canadian countermeasures include limiting or increasing the price of Ontario electricity exports and restricting supplies of critical minerals, with oil and potash also identified as possible leverage. The automotive sector faces particular exposure because Ontario production and supply chains are integrated with United States manufacturing. Negotiations also raised concern over limits on Canada's ability to conclude trade agreements with other countries without United States approval.
August 24, 2026
Show AI Summary
Mandatory biometric updates for students support continued Aadhaar authentication and access to education, scholarship and benefit-related services.
Mandatory Biometric Update camps have been launched in schools across Tamulpur district, Assam, for eligible students aged 5 to 17 years to update Aadhaar biometrics. Aadhaar biometrics require updating on attaining five years of age and again on attaining fifteen years. Timely updating supports continued Aadhaar authentication and helps avoid difficulties in accessing services where authentication is applicable, including school admissions, entrance-examination registration, scholarships and Direct Benefit Transfer schemes.
August 24, 2026
Show AI Summary
Electricity tariff affordability requires immediate review, withdrawal of higher consumer charges, and relief measures for economically weaker households.
Electricity tariff increase in Jammu and Kashmir has been opposed as imposing an unjustified and unaffordable financial burden on domestic consumers amid rising household costs. Immediate review and withdrawal of the increase are sought, together with measures to reduce electricity costs for domestic consumers, particularly economically weaker sections, and ensure affordable, reliable power supply.
August 24, 2026
Show AI Summary
Wheat export liberalisation replaces prohibitions to support farm prices while domestic stocks are expected to protect consumer supply.
Wheat and wheat-product exports are liberalised with immediate effect by revising their export policy from prohibited to free. The change covers wheat, wheat flour, maida, semolina and wholemeal atta, replacing the earlier export-ban framework and simplifying exports previously permitted through licences. The measure aims to support farmers amid depressed domestic prices, while adequate domestic availability and buffer stocks are expected to meet demand and moderate consumer prices.
August 24, 2026
Show AI Summary
Food safety compliance failures trigger licence suspensions for deficient hygiene, storage, refrigeration, sanitation and valid licensing practices.
Food safety enforcement measures resulted in suspension of food licences or registrations where establishments failed hygiene, food handling, storage, refrigeration, sanitation and licensing requirements. Deficiencies included unsafe temperature control, unclean refrigeration equipment, improper food storage and thawing, inadequate sanitisation, deteriorated or expired materials, deficient oil-quality checks, artificial colouring, pest infestation, cross-contamination risks and inadequate drainage. One outlet was also found to be operating under the name of an establishment without a valid food licence, resulting in suspension of its registration certificate.
August 24, 2026
Show AI Summary
Central Board Governance expands through appointments of part-time non-official directors for defined terms, alongside central bank and government representatives.
Appointments to the Reserve Bank of India's Central Board expand its part-time, non-official director membership. Syed Akbaruddin, Annie George Mathew and Janmejaya Kumar Sinha have been appointed for four years from 24 August 2026, or until further orders, whichever occurs earlier. The Central Board also includes the Governor, deputy governors, the economic affairs secretary and the financial services secretary.
August 24, 2026
Show AI Summary
Electricity tariff adjustment is linked to inflation and transmission losses, while free household units remain separately implemented.
Electricity tariff increase of 6.83 per cent after four years is presented as necessary in light of inflation and rising costs. Reducing transmission and distribution losses is identified as a means of limiting future tariff increases. Provision of 200 units of free electricity for poor and needy households through solar panels under the Muft Bijli Yojana is treated as distinct from tariff revisions.
August 24, 2026
Show AI Summary
Sugar supply management measures target speculative stockpiling through imports, stockholding limits and earlier crushing to moderate prices.
Sugar supply is characterised as adequate, and higher prices are attributed principally to speculative buying and advance stockpiling, alongside lower output, seasonal demand and global price pressures rather than an actual shortage. Duty-free raw sugar imports and stockholding limits are intended to augment availability, curb speculative accumulation and stabilise market sentiment. Imports, existing stocks, special crushing and an earlier crushing season are expected to moderate prices and improve festive-period supply. Ethanol diversion is not identified as a cause of the price movement.
August 24, 2026
Show AI Summary
Wheat export policy shifts to free trade, lifting restrictions on wheat flour, maida, semolina and wholemeal atta exports.
Wheat export policy has been revised from prohibited to free with immediate effect, lifting the export ban on wheat and related wheat products. The liberalised export treatment extends to wheat flour, maida, semolina and wholemeal atta. The restriction had been imposed to address rising domestic prices, and its removal is expected to improve international wheat availability.
August 24, 2026
Show AI Summary
Bogus input tax credit fraud investigation examines fabricated invoices, circular transactions, layered funds and alleged proceeds of crime.
Investigation into alleged bogus input tax credit fraud involved searches under the anti-money-laundering framework. The alleged scheme involved fabricated invoices and e-way bills without actual movement of goods, circular transactions, layered funds, cash withdrawals and bogus or non-existent entities. GST authorities identified fraudulent availment of input tax credit causing wrongful loss to the government exchequer. The investigation focused on tracing alleged proceeds of crime, identifying beneficiaries, and securing documentary and digital evidence.
August 24, 2026
Show AI Summary
Sugar crystallization process integration combines evaporator upgrades, continuous boiling, heat recovery and automation for efficient plantation white sugar production.
Sugar manufacturing process integration is proposed through strengthening an existing evaporator station and adding a sugar crystallization section to convert syrup production into plantation white sugar production. The scope covers design, engineering, equipment supply, erection and commissioning of condensate heaters, falling film evaporators, heat-recovery systems, continuous pans, vacuum systems and crystallizers. Continuous massecuite boiling will use chamber-specific control, while evaporator recirculation and online chemical-cleaning provisions support process control and low-grade vapour utilisation.
August 24, 2026
Show AI Summary
Competitive examination preparation supports career pathways in civil services, public employment, management, defence, research and international higher education.
Career-development and competitive-examination preparation is offered alongside academic programmes for civil services, government and public-sector employment, banking, engineering higher education, management, defence, teaching, research and overseas education. UPSC, SSC-CGL, Bank PO, GATE, CAT, CDS, UGC-NET, GRE, GMAT and IELTS preparation includes courses, workshops, mentorship, expert guidance and examination-specific resources. Access to examinations, admissions and career opportunities remains subject to applicable eligibility, selection and institutional criteria.
August 24, 2026
Show AI Summary
Corporate governance professionals gain expanded training infrastructure as Hyderabad's new Chapter Office supports Company Secretaries and students.
Institute of Company Secretaries of India has inaugurated a Chapter Office in Hyderabad to expand infrastructure for professional education, training, examinations, meetings, capacity-building programmes and stakeholder engagement. The facility is intended to support Company Secretaries and students and enable wider professional and educational activities. Company Secretaries are identified as corporate governance professionals, with expanding regulatory requirements and the formalisation and listing of micro, small and medium enterprises creating potential demand for qualified professionals.
August 24, 2026
Show AI Summary
Diversified pharmaceutical growth combines branded portfolio expansion, contract manufacturing, merchant exports, and regulatory registrations for international market development.
Curis Lifesciences Limited plans a diversified pharmaceutical strategy spanning domestic branded products, contract manufacturing and international market development. Its majority acquisition of Uninova Lifesciences is intended to strengthen own-brand marketing, distribution and portfolio expansion, including injectable products through third-party manufacturing. International initiatives include merchant exports in Kenya and a Nigerian joint venture pursuing own-brand regulatory registrations alongside contract-manufacturing and export opportunities. Commercial development in Nigeria remains contingent on relevant licences and purchase orders, while projections are subject to regulatory, market and other business factors.
August 24, 2026
Show AI Summary
Insolvency framework reform prioritises efficient resolution, value maximisation, stakeholder coordination, institutional strengthening and technology-enabled asset recovery.
Insolvency and Bankruptcy Code, 2016, entered its tenth year amid deliberations on legislative amendments, resolution timelines, stakeholder interests and value maximisation. Key areas included resolution plans and tax implications, liquidation processes, recent judicial developments, stakeholder coordination, and the roles of insolvency professionals, regulators, banking institutions and adjudicatory processes. Technological innovation, including artificial intelligence for asset tracing and recovery, alongside regulatory strengthening, capacity building and stakeholder collaboration, was emphasised for the future development of the insolvency ecosystem.

News

Back

All News

Showing Results for :
Reset Filters
No Records Found

News

Back

All News

Showing Results for : Reset Filters

Regulatory and Supervisory Expectations on Compliance Function in Banks (Shri M. K. Jain, Deputy Governor, Reserve Bank of India - Tuesday, August 20, 2019 - at Financial institution Benchmarking and Calibration (FIBAC) 2019 – the Annual Global Banking Conference organised by IBA and FICCI, Mumbai)

September 24, 2019

Contents
Summary
Note

Note

-

Bookmark

Print

Print

Shri Sunil Mehta, Chairman – IBA, Chairmen and Chief Executive Officers of banks, other dignitaries and participants, Good Evening to all. This conference brings in the best minds from the Indian banking fraternity, the technology, knowledge and other service providers together to deliberate the latest developments and future agenda for banks in India. It is indeed a great pleasure to be amongst you here yesterday.

The banking landscape of India is changing rapidly. With the evolution of technology, the entire industry has undergone a massive transformation that has changed the way financial procedures are carried out, and the way financial institutions operate. The collaboration between finance and technology has led to a radical change in several aspects of banking. Financial technology is said to be a disruptive force that in the future is expected to reshape the financial sector, business models and banking structures. This paradigm change has posed significant challenges to the banks as well as the regulators. One of the important challenges is ‘compliance’; a very important aspect for sustainable success story for any banking and financial system. I am going to share my thoughts on this aspect yesterday.

Compliance is defined as the act of following laws, rules, regulations, and various codes of conducts including the voluntary ones. Although most of these arise from external requirements, following the organization’s own internal rules, policies, and procedures, acting in accordance with ethical practices is equally important. A strong compliance culture should also ensure adherence to fair practice codes, manage conflicts of interests, and treat customers fairly, with the larger objective of delivering efficient customer service. Thus, compliance shall go beyond what is legally binding and embrace broader standards of integrity and ethical conduct.

Benefits of good compliance culture

It is very important for banks to demonstrate a good compliance culture to maintain their reputation and win the trust of customers, investors and regulators. Such culture is important for banks to avoid poor conduct and loss of trust.

A good compliance culture can benefit banks in several ways1; which includes: i) low organizational and individual risk; ii) low reputational risk; iii) less hesitance and more confidence among employees while performing their jobs; iv) Helps attract and retain talent and ensure employee engagement. v) improved transparency which enables better decisions; vi) enhanced relationship with regulators and other stakeholders and vii) enhanced valuation among investors;

In a stress tests survey conducted by banks, it was observed that compliance can have some business benefits. Over a third of bankers who have undergone the stress testing program indicated that top benefits of complying with stress testing principles are better informed capital planning decisions, and maintaining2 a forward-looking view of the organization’s risks.

We, therefore, need to embrace compliance if we want customer satisfaction which eventually leads to better return on equity.

Costs of poor compliance culture

Compliance risk is the risk of legal or regulatory sanctions, material financial loss, or loss to reputation a bank may suffer as a result of its failure to comply with laws, regulations, rules, related self-regulatory organization standards, and codes of conduct applicable to its banking activities. On the other hand, an effective process would identify compliance risks in each business line, product and process, and devise ways to mitigate such risks. The processes and requirements should be properly documented with a list of do’s and don’ts accompanying the same. The instances of failure to adhere to proper conduct should be converted into case studies and disseminated among the staff for education and entrenchment of desired attitudes.

Banks should eschew the tendency to treat compliance merely as cost and should recognise that proper conduct saves the bank from possible reputational loss and penalties – thus, generates hidden earnings which most banks do not quantify, and hence do not realise. A poor compliance culture may lead to heavy costs to the banks. Globally, from the beginning of the financial crisis and until 2020, penalties and fines on banks is are expected to top USD400 bn. Quinlan and Associates, a Hong Kong-based financial services consultancy estimated that bad behaviour had erased $850 billion in profits for the top 50 global banks since the 2008 financial crisis in the form of write-downs, trading losses, fines and higher compliance costs3. From June 2018 to July 2019, the Reserve Bank has imposed monetary penalties on 76 occasions amounting to ₹ 122.9 crore on various commercial banks operating in India.

However, fear of fines and penalties will not be enough to keep up with the evolving nature of regulations. But a financial management system with built-in control makes compliance an everyday practice that enables the organisation to operate at greater efficiency. In addition, sound governance creates conducive environment for the values of compliance, integrity, trust, and respect for the law; to thrive in the organisation’s culture. As a result, a bank can empower its entire organization to operate with responsibility while maintaining the flexibility necessary to stay ahead of ever-evolving regulations and business challenges.

Compliance culture – Indian scenario

Reserve Bank of India had introduced a system of “Compliance Officer” in banks way back in August 1992, based on recommendations by the Committee on Frauds and Malpractices in Banks (Ghosh Committee). The role of compliance officers came into sharper focus since 1995 when the General Manager in charge of Audit and Inspection was made responsible for the compliance functions, with a requirement for periodic reporting or certification on compliance functions directly to the CMD. However, it was gradually recognized that the circumference of compliance functions in banks needed to be not only enlarged, but also clearly defined, especially in a scenario where successive Annual Financial Inspection Reports prepared by the banking supervisor highlighted a host of compliance deficiencies. RBI’s recognition for the need and importance of compliance functions received a further impetus after Basel Committee on Banking Supervision (BCBS) issued the High Level Paper on Compliance Risk and Compliance Function in Banks in April 2005. These principles formed the basis for our work on issuing rigors for compliance functions in banks, in the year 2007. Subsequent to the financial crisis, the focus on compliance has gone up significantly, especially in the area of conduct, KYC/AML, suitability and appropriateness of banking products offered to a specific customer.

In this context, and acknowledging the benefits offered by a good compliance culture and costs of poor conduct, the compliance culture of Indian banks needs to be strengthened. During the course of the supervisory process, the Reserve Bank has observed various lacunae in the compliance culture of Indian banks. Some of the weaknesses and irregularities observed have been recurring in spite of the averments made by bank managements having carried out remediation. My expectation from the banks is that they make serious efforts towards overall improvement of their compliance function.

It will not be an exaggeration to say that some of the big losses suffered by banks on account of frauds could have been avoided if a good compliance culture was ingrained in respective banks. As defined earlier, compliance also includes adherence to internal policies and procedures of banks. In most cases of frauds, a common thread is non-adherence to internal policies and procedures by employees concerned. Increasing incidences of frauds in recent years, the quantum of amounts involved and also the complexities of modalities adopted highlight the importance of a strong compliance culture in the banks.

Compliance Risk relating to Cybersecurity

On a specific note, in technology driven banking, compliance with cybersecurity guidelines is gaining importance. Generally, cyber resilience frameworks aim to address three broad issues – confidentiality breach (confidential data being stolen), availability breach (systems are intact, but services are made unavailable), and integrity breach (corruption of data or systems affecting the integrity of information and processing methods). Compliance risk relating to these breaches are gaining significance and needs to be addressed on a priority.

Minimum supervisory expectation on compliance culture

Compliance starts at the top. It may be recalled that, in February 2019, I had drawn attention of the CEOs of select banks, wherein the board of directors along with the senior management were urged to set the tone at the top and usher in a strong compliance culture in banks. Compliance should be an integral part of the culture of the organisation; it should not just be the responsibility of staff working in compliance function. It should be a shared responsibility of each staff member of the bank, and business unit of a bank should be equally responsible for any non-compliance. A bank should hold itself to high standards when carrying out business, and at all times strive to observe the spirit as well as the letter of the law. Failure to consider the impact of its actions on its shareholders, customers, employees and the markets may result in significant adverse publicity and reputational damage, even if no law has been broken.

Strong compliance culture is a pre-requisite for an effective compliance function.

If we may further delve into it, a robust compliance culture has the following essential elements-

Tone from the top- Whether the value statements of Board members, senior management are in sync with value demonstration in actions. The Board’s oversight over compliance function should not be limited to framing policies, and its periodic review. A bank’s compliance policy will not be effective unless the Board of Directors promotes values of honesty and integrity throughout the organisation. The Board should also formulate and maintain a quality assurance and improvement program that covers all aspects of the compliance function.

Accountability – The bank’s senior management is responsible for effective adherence to the compliance policy of the bank by the management and staff; and to for ensuring that compliance risk is minimised. Culture of owning the responsibility individually and collectively by board; clear demarcation of accountability of senior management, functional head and operational head; role of business unit as first line of defence and role of internal audit as third level of defence in facilitating robust compliance culture are all important.

Communication: Clarity and transparency should be promoted by making a distinction between general standards for all staff members and rules that only apply to specific groups of staff. An effective compliance culture requires continuous communication of expectations on risk and compliance and practices across the bank; compliance awareness channels for existing and new Board members, senior management and employees; process for containing conduct risk and whistle-blower mechanism.

Incentive Structure: An adequate incentive structure should be in-built in the bank’s decision making systems and processes to achieve the desired compliance culture.

Ex Ante and Forward Looking: Compliance is distinct from other assurance functions viz., risk management and internal audit. The focus of the compliance function should be preventive compliance. By definition, preventive compliance would assess the activities of the bank before hand and prevent non-compliant activities/transactions from being carried out. Compliance should be an ex ante activity and forward looking.

Compliance Organsiation, Authority and Resources: A bank should organise its compliance function and set priorities for managing its compliance risk in a way that is consistent with its own risk management strategy and structures. For instance, some banks may wish to organise their compliance function within their operational risk function, as there is a close relationship between compliance risk and certain aspects of operational risk. Others may prefer to have separate compliance and operational risk functions, but establish mechanisms requiring close co­operation between the two functions on compliance matters. Regardless of how the compliance function is organised within a bank, it should have sufficient authority, stature, independence, resources and access to the Board. Its responsibilities should be clearly specified, and its activities should be subject to periodic and independent review by the internal audit. Management should respect the independence of the compliance function and not interfere with their fulfilment.

Nevertheless, even at the cost of repetition, I would like to stress that compliance is a shared responsibility of each and every staff of the bank.

Importance of Corporate Governance

While feedback mechanisms are important in a bank to permeate a strong compliance culture, enabling environment in a bank that fosters such culture embedded with strong internal control has to emanate from the directions of the Board. Aspects with benefits to the bank not apparent has to be enforced through a top down approach.

Corporate governance determines the allocation of authority and responsibilities by which the business and affairs of a bank are carried out by its board and senior management, including how they: align corporate culture, corporate activities and behaviour with the expectation that the bank will operate in a safe and sound manner, with integrity and in compliance with applicable laws and regulations. In this context, it may be noted that Board should adopt policies in accordance to each bank’s size, complexity, risk appetites, business model and philosophy. Board approved policies should factor in entity specific vagaries. Also, mere adoption of policies does not solve anything. An effective implementation of Board approved policies is essential to percolate down the philosophy embedded in policy throughout the firm. A strong compliance culture has a significant role to play in this context.

Conclusion

Lot of improvement is needed in compliance culture across banks. As a supervisor of banks, the Reserve Bank has keen interest in sound corporate governance and compliance culture, as it is an essential element in the safe and sound functioning of a bank and if not followed effectively may adversely affect the bank’s risk profile. Well governed banks contribute to an efficient and cost-effective supervisory process, as there is less need for supervisory intervention. Such sound culture would help in building organisations that are strong, resilient, disciplined and enjoy the benefits of sustained growth and customer confidence. It will also pre-empt several supervisory actions, and attendant reputational risk, that would follow in case transgressions are detected.

Role of compliance has been gaining wider attention across the globe and it has been acknowledged by the central banks and bankers alike that compliance warrants considerable attention. Regulators, supervisors and international standard setters have become increasingly cognizant of the fact that merely enacting rules and regulations is a futile exercise unless these are complied with, both in letter and spirit, by the regulated entities.

Sound corporate governance and compliance culture will permit the supervisor to place more reliance on the bank’s internal processes. In this regard, supervisory experience underscores the importance of having appropriate levels of authority, responsibility, accountability, and checks and balances within each bank, including those of the board of directors, senior management and the assurance functions by way of risk, compliance and internal audit.

I am hopeful that deliberations over the past two days on emerging trends in banking, changes in global regulatory landscape, the new bankruptcy regime in India and technological innovations affecting the way banks do business would prepare banks to not only cope up with the emerging challenges, but also help banks to use the opportunity provided by the new paradigm to further the agenda of inclusive and compliance oriented banking in the country.

References

1 Bank of International Settlements, “Compliance and the compliance function in banks”, BIS (2005)

2 Bank of International Settlements, “Corporate governance principles for banks – Guidelines”, BIS (2015)

3 Flanner, Mark. J, “Market Discipline in Bank Supervision”, Chapter 15 of The Oxford Handbook of Banking, First Edition, OUP (2010)

4 Hagendorff, Jens, “Corporate Governance in Banking”, Chapter 6 of The Oxford Handbook of Banking, Second Edition, OUP (2015)

5 Mundra, S. S., “Re-emphasizing the Role of Compliance Function In Banks”, Speech delivered at the CAFRAL Conference of Chief Compliance Officers in RBI, Mumbai (2014)

6 Chakrabarthy, K. C., “Compliance function in banks – back to the basics”, Speech delivered at the launch of certificate programmes on compliance function and training, Mumbai (2013)

7 Padmanabhan, G., “Emerging Issues in Cyber Security in the Financial Sector”, Speech delivered at the Sri Chithira Thirunal Memorial Lecture Series organised by the State Bank of Travancore, Thiruvananthapuram (2015)

1 https://www.pm360online.com/silver-linings-10-business-benefits-of-your-compliance-program/

2 https://www.forbes.com/sites/tomgroenfeldt/2014/08/19/compliance-efforts-can-bring-business-benefits-for-banks/#2b5b69f6772c

3 https://in.reuters.com/article/banks-regulator-fines/u-s-eu-fines-on-banks-misconduct-to-top-400-billion-by-2020-report-idINKCN1C210D

Topics

Acts Income Tax