Section VIII: Compliance Flashcards
What are the two types of Compliance?
- External (rules set by government)
- Internal (set of internal standards set for itself)
What is the difference between mandatory and voluntary compliance?
Mandatory compliance refers to standards the organization has to meet to avoid legal action, voluntary standards are set by their own organization.
What are three compliance drivers?
- Business Risks
- Higher Standards
- Stakeholder Expectations
What are the four major responsibilities of the Chief Compliance Officer (COO)?
- Coordinating Compliance Efforts
- Monitoring Compliance Programs
- Serving as Liaison on Compliance Issues
- Promoting Education about Compliance Requirements
What is the Dodd-Frank Act?
This act increases the regulation of the financial services industry and imposes strict consumer protection laws.
Define Principles-based Regulation.
The approach states the desired outcome and gives the company being regulated the discretion and freedom to meet the outcome in their own way.
What are the advantages of Principles-based Regulation?
- Diverse
- Encourages Innovation
- Flexible
- Outcome Focused
What are the disadvantages of Principles-based Regulation?
- More communication is required
- Uncertainty due to no set rules or steps to take
Define Rules-based Regulation.
Regulators define specific rules that govern the regulated company’s conduct. The company must comply with the exact terms defined by the rules.
What are the advantages of Rules-based Regulation?
- Predictable
- Set Rules
- Set Violations
What are the disadvantages of Rules-based Regulation?
- Less Innovation
- Loopholes
- More Rules
- Non-Responsive
What are the four types of Regulatory Compliance?
- Principle based
- Rules based
- Evidence based
- Risk based
When developing a risk-based regulatory framework, what are the six key steps?
- Identify and evaluate regulatory requirements
- Determine and establish risk appetite
- Create and define steps to achieve goals
- Set performance indicators
- Implement the regulatory system
- Monitor and revise as needed
What is the Basel I Agreement?
Created in 1988, required central banks in major industrialized nations to meet shared capital requirements. The goal was to reduce bank risk and control competition.
What is the Basel II Agreement?
Second of the Basel Accords created in 2004. Provides recommendations on banking laws and regulations for international banks and the international banking market. Banks must hold adequate capital reserves based on their current portfolio.