EZ

Eduzan

Learning Hub

Eduzan
Eduzan / 01 Foundations of Risk Management

FRM 3 – The Governance of Risk Management

Worked examples are fully visible. Check-yourself items are study aids you can reveal one at a time.

Banks entered the 2007-2009 crisis with boards that approved strategies they could not describe, risk functions reporting to the people they were meant to restrain, and capital rules calibrated for a quieter world. A decade of overlapping reform followed, covering how much capital a bank holds, how it is governed, and who inside it can say no.

Corporate governance before the crisis

Corporate governance describes the way a company is run, setting out what shareholders, the board of directors and senior management are each answerable for. Banking took it seriously only after a run of collapses early in the twenty-first century, when Enron, WorldCom, Global Crossing and Parmalat SpA all failed on accounting or financial fraud that auditors and boards never checked. The United States answered with the Sarbanes-Oxley Act, which makes chief executive officers and chief financial officers certify that filed reports are accurate and free of any untrue statement of a material fact, holds them responsible for internal controls, and requires disclosure of significant control deficiencies and of fraud involving anyone with a material role in those controls. Europe declined to legislate, revising voluntary corporate codes and running a comply-or-explain regime for departures from them. That work reached internal controls, governance mechanisms and financial disclosure, but not risk management. Neither approach prevented what came next.

At the centre of the capital story sits the Basel Committee on Banking Supervision, or BCBS, whose members are the central banks and bank supervisors of 27 jurisdictions and whose output is a body of international standards for prudential banking regulation. Nothing it publishes is legally binding: a standard acquires force only where a jurisdiction writes it into national law, so the framework travels by voluntary adoption.

Three strands of the post-crisis response

Reform then ran along three tracks: prudential rules on capital and liquidity, jurisdictional statutes such as the Dodd-Frank Act in the United States and the Supervisory Review and Evaluation Process, known as SREP, in Europe, and governance, where the BCBS moved onto ground previously left to company law and market convention.

That governance track opened in October 2010 with principles meant to raise corporate governance across the banking industry, covering what the board owes the firm, what qualifies somebody to sit on it, and why the risk management function must be independent of the businesses it watches. The 2015 revision pushed boards towards active collective oversight and named the parties whose roles it defines: the board itself, its risk committees, senior management, chief risk officers and internal auditors.

Behind that guidance lies a broader debate. Enquiries into the crisis found little attention paid to tail risks or to genuinely worst-case outcomes, and five concerns recur.

Key post-crisis corporate governance concerns in banking
ConcernWhat is at issue
Stakeholder priorityDeposits, debt and implicit government guarantees sit alongside equity, so depositors, debtholders and taxpayers want failure risk minimised while shareholders press for short-term results.
Board compositionBalancing independence, engagement and financial industry expertise. Analyses of failed banks show no clear pattern of insiders or outsiders, and Northern Rock, which collapsed, counted several banking experts among its directors.
Board risk oversightEducating directors about risk and keeping a direct link to the risk infrastructure, for instance a chief risk officer reporting line to the board.
Risk appetiteA formal, board-approved appetite stating what threat to solvency the firm tolerates, translated into enterprise-wide limits.
CompensationWhether pay structures encourage risk-taking and whether risk adjustment reaches the long-term risks.

Source: the post-crisis governance debate in banking.

Check yourself
A candidate states that the standards in the Basel Accords are legally binding on banks in most countries. Is that correct?
No. The BCBS has no legislative power. Its standards bind nobody until a jurisdiction incorporates them into its own regulatory system, which members and non-members do voluntarily and at their own pace.
End of lesson.