Current Challenges for Chief Compliance Officers

In a recent meeting of chief compliance officers, the group discussed the state of compliance risk management thus far in 2013. Defining the roles and responsibilities of the second line of defense was cited as a challenge for many, as regulators tend to lean heavily on the second line as a way of reaching the first line. The skill set of compliance officers has changed, creating a need for qualified professionals with legal, risk, and quantitative skills, including problem-solving, judgment, and communication skills. Many candidates today don’t seem to match the needs of financial institutions.

On the regulatory front, upcoming issues of concern include fair lending after origination and loss mitigation modifications; social media guidance; SCRA deep dive on servicing foreclosure and rate reduction from OCC; and an interagency guideline on flood escrows which is in the process of completion.

Change management is also a top concern for CCOs, particularly in coping with Dodd-Frank and new regulations. Attendees shared strategies: several banks use outside services, but more have been relying on their legal departments for monitoring state law and regulatory changes.

Other topics discussed include incorporating CFPB standards into the vendor management risk assessment process; and metrics and compensation: how do banks cover incentive compensation and what impacts an executive’s compensation? Several banks use a 1 – 5 scale to rate an individual’s compliance but these are fairly subjective. Some banks ask business units to self-identify issues prior to the exam.

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Understanding and Managing Credit Risk in Non-Lending Products

Aside from traditional credit risk, financial institutions need to understand a myriad of potential risks associated with non-lending products. Growing competition from both banks and non-banks and a greater need for automation and sophistication from customers are driving the financial product, and non-lending exposure, explosion.

In a recent audio conference, James Hicks, EVP, Treasury Management, Trade and Deposit Services, and Keith Sides, SVP, Settlement and Counterparty Risk Credit Officer, both from Regions Bank, focused on three important risk areas: settlement risk, counterparty risk, and operational risk.

Settlement risk refers to exposures arising in treasury management services including ACH/wire transactions, online banking, etc. These exposures occur when a bank disburses funds on behalf of a customer, or is obligated to do so, before the bank may even have collected funds to cover the disbursement. Should funds not be available to cover the transaction, this would result in an overdraft of a depository account and credit exposure to the account owner.

Counterparty credit exposures are often non-loan transactions with other institutions to facilitate the funding and other balance sheet and risk management needs of an institution or the needs of a customer. These counterparty exposures may be long or short term, direct or indirect, with fixed or market driven, variable values.

Operational risk is the risk of loss resulting from inadequate or failed internal processes, people and systems, or external events. Operational risk can arise from a technology failure, human or technical errors in financial models and reporting, or other internal control system deficiencies.

Effective mitigation of these risks starts with a top-down, enterprise-wide risk culture. The age-old banking principle of knowing your customer brings on deeper meaning with an emphasis on knowing your customer’s customers. Hicks and Sides concluded with additional tactics for managing risks through the establishment of a well-defined credit policy, centralized underwriting, approval, and management, continuous monitoring, and quarterly reviews.

Please join us for the next audio conference in the series on June 11, The Future of Community Banking: Where Do We Go from Here?

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RMA UNC Kenan-Flagler Business School Academic Forum Advances Global Research in Academia

2013 RMA-UNC Forum Chairs, Authors, and Discussants

2013 RMA-UNC Forum Chairs, Authors, and Discussants.

The RMA UNC Kenan-Flagler Business School Academic Forum was designed in 2008 as a leading securities finance/short selling research venue for global academics and business persons expert in SBL to communicate effectively during research paper development. Initially suggested and designed by Adam V. Reed, Associate Professor of Finance and Julian Price Scholar at the Kenan-Flagler Business School, UNC Chapel Hill in conjunction with the RMA Committee on Securities Lending, Professor Reed and senior executive committee members designed the day-long event to bring business experts together with global research academics from universities around the world including, University of Pennsylvania, UNC, Ohio State University, Columbia, Dartmouth, Hong Kong University, Notre Dame, Nova (Portugal) and many other research institutions.

Papers discussed are usually nearing completion for final submission to US national and global periodicals such as the Journal of Finance and The Economist, and also to support research efforts at US and global regulators. Key papers within securities lending are selected on a non-biased basis from the Social Science Research Network (SSRN) for their topic, content, and relation to the SBL business at hand. A steering committee inclusive of RMA staff, committee members, and UNC professors help select the key papers represented each year.

Discussions of these papers allow the researching academics to learn exactly how a business is executed and if that affects assumptions and theories as authors round out their research. This successful meeting of academics and business persons has allowed for four such annual forums in the past five years. 

Future Lending Income and Security Value

“Future Lending Income and Security Value” by Melissa Porras Prado, Nova School of Business and Economics, Portugal

This year’s forum included discussions on the following papers: “Future Lending Income and Security Value” by Melissa Porras Prado, Nova School of Business and Economics, Portugal, which examines how institutional ownership structure gives rise to limits to arbitrage through its impact on short-sale constraints; and “Limits to Arbitrage and Expected Short Sale Constraints” by Joseph E. Engelberg (UCSD), Adam V. Reed (UNC), Matthew C. Ringgenberg (Washington Univ. – St. Louis), which explores the degree to which short sale constraints are predictable and how the risk of future short-selling constraints limits an arbitrageur. 

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RMA’s 7th annual Governance, Compliance, and Operational Risk Conference (GCOR VII) Day Two Highlights

In a thought-provoking keynote speech on the second day of RMA’s 7th Annual Governance, Compliance, and Operational Risk Conference (GCOR VII), Richard Parsons offered a compelling view of what has gone wrong in banking and how to fix it. Parsons, author of Broke: America’s Banking System: Common Sense Ideas to Fix Banking in America published by RMA, addressed key points in diagnosing the causes of the financial crisis and in identifying ways to help the industry recover and thrive. Although public policy makers like the Federal Reserve have done an admirable job of preventing the crisis from becoming the Second Great Depression, the banking system remains deeply flawed. He stated that operational “10X” risk management is the most critical risk discipline. Parsons recommended improvements to basic banking including the need for more skilled directors and professional, licensed bankers, as well as an early warning system employed by financial institutions that is both systemic and idiosyncratic. Continue reading

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RMA’s 7th annual Governance, Compliance, and Operational Risk Conference (GCOR VII) Day One Highlights

Edward J. DeMarco Jr., General Counsel and Director of Operational Risk at RMA welcomed attendees on Day One of a sold-out GCOR VII in Boston and offered condolences and prayers on behalf of RMA to all those affected by the recent tragedy. Attendees included 111 professionals from banks with $10 billion and up in assets, 21 professionals from community banks, and 27 professionals from regulatory agencies.

Daniel J. Roussell, senior vice president and head of operational risk at State Street, delivered the opening address at RMA’s seventh annual Governance, Compliance, and Operational Risk conference (GCOR VII). Roussell also chairs RMA’s Operational Risk Council. He discussed the importance of managing tail risks – low frequency, high severity events – referencing the Boston Marathon tragedy and how, as a country, we have not come to grips with effectively managing tail risks such as this, while the frequency and severity of these events seem to increase. Roussell identified additional challenges facing the operational risk industry in the next three to five years – capital estimation and modeling, management engagement culture, risk assessments and changing times, and loss data collection – however, he focused instead on the challenge of creating/implementing an effective challenge program. He stated that an effective challenge process is key to achieving a company’s operational risk objectives and it hinges upon the right people coming together to talk about risk in an organization, rejecting the notion of the status quo, unless it has earned the right to be accepted, and foregoing confirmation biases.
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Economic Uncertainty Is Top Challenge Facing Banks Today

Question Mark Maze

Every article published in the Journal is reviewed by at least one and often several members of The RMA Journal Editorial Advisory Board. Late last year, 12 members of the board participated in a survey asking about the most serious challenges facing banks today.

Below are the top 10 concerns of Editorial Advisory Board members. Topping their list of concerns was economic uncertainty in the U.S. and globally. The opinions expressed are their own and do not necessarily reflect the positions of their institutions.

1. Economic Uncertainty both in the U.S. and Globally
“Southern Europe risks destabilizing the north and will limit its growth. Middle East instability has resulted in wasteful spending by the U.S. and other alliance supporters. The Middle East has yet to achieve its considerable potential.” 
Rona Pocker, Turnaround Risk Management

2. Regulatory Overload
 “The Dodd-Frank Act serves as a super open-ended regulatory credit card that allows, encourages, or  requires regulators to charge new regulations to us regulatees, whether we need it or not. To make matters worse, the agencies have overlapping responsibilities, and the history of the agencies playing together is not very encouraging.” 
Dev Strischek, Senior Credit Policy Officer, Credit Risk Management Division, SunTrust Banks, Inc.

3. Gridlock in Congress
“At the end of the day, it will be addressed, but at what future cost?  It seems that ‘gridlock’ has existed more often than not in the history of all living Americans.”
William L. Perotti Jr., Chief Credit Officer and Chief Risk Officer, Frost Bank

4. Net Interest Margin
“Burdensome and increased regulations are causing net interest margins to be squeezed even further. Sound judgment—holding to good underwriting—and clear minds must prevail to avoid a repeat of throwing the baby out with the bath water!”
Mary Jo Taylor, Director, Multifamily, Capital Funding, LLC

5. Loan Growth
“The seeds of the next great credit implosion are being sowed. Longer maturities, fewer controls, lower returns, and underwriting liberalization are occurring.”
William L. Perotti Jr., Chief Credit Officer and Chief Risk Officer, Frost Bank

6.
Systems/ IT Risks
“The ability of systems to keep pace with demanding regulatory changes, audit requirements, and cost reduction targets is a concern.”
Tom Brown, Managing Director, Nord LB, London

7. Execution Risk in New Initiatives
“New initiatives are desperately needed.  The challenge is to explore and identify new avenues for earning profits while functioning within the confines of the legislative and administrative framework imposed on banks.”
Michael Weissman, Counsel, Levin Ginsberg, and Tales of Whoa columnist

8. Fraud
“Losses from operational risks, including fraud, are on the increase and bank management needs to devote more time and resources to this area. Cyber attacks and software glitches are included in this risk.”
Tom Brown, Managing Director, Nord LB, London

9.
Regulatory Burden on Other Industries
Not urgent, but extremely important.”
Robert Messer, EVP, CFO, American National Bank

10. Staffing Issues
“Staffing on the credit side is a challenge brought about by the industry itself. Strong credit talent takes time to develop, but the comparative financial and advancement allure offered by sales roles will cause many to commit to those avenues instead. If they don’t gravitate to sales, bankers need to believe they have an attractive future in credit within the organization, so they don’t have a reason to look outside the bank to continue their chosen career path.”
John Cassis, Vice President, Credit Management, Wells Fargo Bank, N.A.

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This post is an excerpt from the RMA Journal article “Journal Editorial Advisory Board Survey: Economic Uncertainty Tops List of Risk Management Concerns”.  To read this article in its’ entirety, including all other comments from the Board, please log on to the RMA website and view the April issue: http://www.rmahq.org/thermajournal.  Find out what additional concerns the Board discussed.  

Since one of RMA’s purposes is to highlight issues and solutions, we invite you to share your own risk concerns with Journal readers. Send your comments to editor Kathie Beans (kbeans@rmahq.org), and if possible she will publish them in the Readers Forum section of an upcoming issue.

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Top Ten Cybersecurity Issues

With cyber threat becoming increasingly recognized as a significant challenge to financial institutions, an understanding of cybersecurity and the current trends is essential in effectively managing this substantial risk. RMA’s new audio conference series kicked off recently by identifying the top ten cybersecurity issues, including Denial of Service (DDoS) attacks.

1. Increase in cybersecurity attacks – it is no longer a question of if, it’s a question of when an attack will occur and how much will it cost your organization?

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