Regulatory Compliance in Banking: Role, Challenges, Consequences, & Solutions

The history of banks goes back hundreds of years, and they have evolved significantly over the years, and so does the rules and regulations that govern these banks. Regulatory compliance in banking started out of the need for it, the need for stability, the need for protecting customers, as well as a response to many financial crises and economic changes.

Twenty years ago, no one would have thought about how to regulate cryptocurrency for example, but today, the existence of crypto necessitates the need for such regulations.

What Is Regulatory Compliance In Banking?

Regulatory compliance in banking means that banks are required to establish and create policies and procedures that meet or fulfill local and international compliance regulations.

Key Aspects of Regulatory Compliance in Banking

Regulatory compliance in banking sector has different essential elements and key aspects:

• Legal Requirements: When it comes to regulatory compliance in the banking sector, banks must comply with banking compliance regulations set by governmental and international bodies like the Federal Reserve and Basel Committee.
• Risk Management: Banks have to manage risks effectively, including credit, market, operational, and compliance risks.
• Customer Protection: Banks should uphold laws to protect customers against fraud, discrimination, and unfair practices.‍
• Financial Stability: Banks should maintain adequate capital, liquidity, and reporting to prevent systemic risks.

Importance of Regulatory Compliance in Banking

1. Building Trust

Banks and other financial institutions need to build trust amongst people so that these people can feel safe putting their money and funds in these institutions. The public needs evidence that banks can maintain adequate capital and certain liquidity levels so that they don't get affected by any economic downturns and financial crises. In Lebanon for example, millions of citizens have been locked out of their bank accounts after the country plunged into a financial crisis in October 2019.

2. Protecting Customers and Ensuring Transparency

In fact, compliance for the banking industry is not only about money but also about protecting customers' rights and their personal information. Any customer-bank relationship needs transparency and fairness, and regulatory compliance in banking industry promotes transparency not only from the side of the customer but also from the bank's side so that customers can trust that their bank is operating ethically and fairly with clear communication about fees for example, or interest rates or any other important information.

In terms of money laundering and fraud, regulatory compliance in banking industry enables banks to prevent such financial crimes. It also protects its customers from unwillingly being part of these illegal activities. It also protects the bank's reputation because when people know that X bank adheres to and is committed to regulatory compliance, people are more likely to feel safe and trust doing business with that bank.

3. Extending Protection Beyond Customers

Compliance regulations are designed to protect, and protection does not stop at the customer level but also extends to the investor level. In other words, the importance of compliance in banking extends far beyond just the end customer. Investors have the right to know how their investments are operating and make sure that they are safe from any illegal activity or financial crisis.

The Role Of Banking Compliance Departments

We realize by now that regulatory compliance for financial institutions is important but who is responsible for ensuring that X bank adheres to regulatory requirements and ethical standards? And what exactly is there roles and key responsibilities?

• Banking laws and regulations are evolving on a regular basis, and necessitates that the banks compliance team be always aware of any regulatory changes and be able to analyze and interpret these regulations to ensure compliance.
• Compliance is not only an external policy, there are also must be internal compliance regulations within the bank itself. The compliance team is responsible to develop and implement these internal policies and procedures.
• Compliance is not a one-time thing, it is an ongoing process, so if the compliance team wants to prevent any regulatory violations, they should keep monitoring and conduct continuous surveillance.
• What if there was an incident? The compliance team is responsible for preparing and submitting reports to supervisory authorities.
• Compliance teams should also think proactively, they need to identify and assess compliance risks, implement controls, and measure them, to be able to manage risks, mitigate them and respond efficiently and in a timely manner.

Your Comprehensive Banking Regulatory Compliance Checklist

The following is a banking regulatory compliance checklist that is a compilation of core components with the aim of making sure these banking institutions fulfill regulatory standards for banks adequately & effectively!

1. Licensing and Supervision

• Acquire relevant licenses and permits.
• Satisfy all operational legislative and regulatory policies.
• Cooperate with supervisory authorities.
  

2. Build a Regulatory Framework

• Create & develop policies and procedures to be implemented to keep the banks in compliance with the required regulations.
• Always review the legislation and make necessary changes accordingly.
• Adhere to the policies of regulators applicable to the operations of the firm.
  

3. Capital Adequacy and Risk Management.

• Special attention should be paid to maintaining sufficient & adequate capital reserves.
• It is important to integrate strong & powerful risk management procedures.
• Constant overall risk evaluation and risk management should also be conducted.
  

4. Financial Reporting and Disclosure Requirements

• Financial reports should be prepared accurately and with full transparency.
• It is also recommended that you share important information with stakeholders. 
• Meet the deadlines of the regulatory reporting.
  

5. Customer Due Diligence (CDD)

• Verify customer identities.

• Assess customer risk profiles.
• Track activities in all those transactions that seem to depict illegitimate activities.

6. Consumer Data Privacy and Protection

• Implement data privacy policies and procedures.
• Comply with data protection regulations & laws.
• Only reveal customer data to those authorized, customer data must be protected from any unauthorized access. 

7. Anti-Money Laundering (AML) and Counter-Terrorism Financing (CTF)

• Screen customers and their transactions properly.‍
• Report suspicious activities to authorities.
• Establish AML and CTF policies and procedures.

8. Internal Controls and Audits

• Make sure to comply by implementing and using internal controls. 
• Perform regular audits to check & assess effectiveness.
• Quickly fix any identified issues.
  

9. Outsourcing and Vendor Management

• Check & evaluate third-party vendors for compliance. 
• Make sure to add or include compliance requirements in vendor contracts. 
• Monitor vendor performance & compliance!

10. Training and Awareness

• Offer regulatory compliance training regularly. 
• Inform employees about compliance obligations.
• Promote and encourage a culture of compliance within the institution.

Challenges in Achieving Regulatory Compliance in Banking

Nothing comes without challenges, and since there are different types of compliance in banking, there are also different regulatory compliance challenges in banking:

1. Complexity of regulations

One of the regulatory compliance challenges in banking is the complexity of regulations. Compliance teams usually struggle with the complexity of regulations, as these regulations are so intricate and thus demand thorough understanding and interpretation.

2. Frequent changes in regulatory requirements

Another layer of complexity is that the regulatory requirements are changing frequently, and keeping up with them might feel challenging and demanding on compliance teams. 

3. Need for agility in compliance strategies

As long as these regulatory compliance rules and laws are changing, compliance teams not only need to stay updated but also they have to amend and adapt their strategies, and hence we can say that agility is a very important concept for any compliance department.

4. Resource challenges in compliance 

Having sufficient resources is another challenge, not only financial means but also human resources. 

5. Cross-border compliance complexity

Cross-border compliance adds another level of complexity, as operating across different jurisdictions involves varying regulations that require different approaches and coordination amongst international standards. 

6. Managing risks in compliance

We will not forget the challenge of managing risks, as proactive strategies are needed to identify the risks in advance and act accordingly.

Consequences of Non-Compliance in Banking

We talked about compliance, but what happens when a bank does not comply? Are there any consequences? If yes, what are they?

Let’s take a look at this example, Capital One is an operating bank in the US, the Financial Crimes Enforcement Network (FinCEN) has announced that Capital One has been fined $390 million for violations of the Bank Secrecy Act (The BSA). This has happened as Capital One has failed to implement an effective anti-money laundering program, and the bank also failed to file thousands of suspicious activity reports (SARs) and currency transaction reports (CTRs). This non-compliance and violations took place between 2008 and 2014 and allowed for millions of suspicious transactions to go unreported.

Non-compliance with banking regulations does not only lead to fines and penalties, it also leads to:

• Sanctions
• Reputational damage
• Legal and criminal actions 
• Loss of trust among customers, stakeholders, and investors
• Business operation disruption
• Market exclusion

7 Best Practices For Effective Regulatory Compliance In Banking

No one wants to get penalized for non-compliance, and no one wants to lose their licenses and operating permissions. Yes, regulatory compliance is challenging yet there are effective strategies that enable the adherence to banking regulations and compliance while also maintain the operational efficiency.

1. Establish clear policies 

First thing first, you need to set and establish clear policies and procedures. The key here is to ensure that the policies are comprehensive. It is important to review and update them continuously to align with any new laws and regulations. Also, make sure not to keep these policies a secret, on the contrary, communicate them across your organization so that every team member is aware of them and act accordingly.

2. Implement strong training programs

When you implement strong training programs to educate your employees, you set clear expectations for both sides. Although these training programs should be given to all employees, specialized training should be given to employees in key compliance roles.

3. Incorporate automation in compliance 

Don’t be shy to incorporate automation into your work processes, in fact, automation will make everyone’s lives easier and will allow your team to act proactively in addressing any issue or discrepancy. Automation will help you overcome regulatory compliance issues in banking.

4. Compliance and risk management integration

It goes without saying that compliance goes hand in had with risk management. In a previous article about the difference between compliance and risk management we explained the differences but we also highlighted how these two departments work really closely together.

5. Implement a risk-based approach 

When implementing a risk-based approach to compliance and conducting regular risk assessments, you establish strong controls and processes to allow your team to identify and reduce potential compliance risks.

6. Encourage collaboration between departments 

And since we’re talking about the departments of risk and compliance, we should also highlight the fact that collaboration between departments, in fact, is one of the best practices for effective regulatory compliance in banking. Collaboration between your team might take different forms, like encouraging reporting any compliance concern, maintaining open lines of communication, asking for feedback, and actually fostering collaboration between compliance and legal, compliance and business units, and so on.

7. Utilize technology for compliance 

Last but not least is technology. If you’re not utilizing technology, you’re wasting not only time and effort but also money. AML Compliance platforms in fact saves you a lot of money on the long run, they streamline and automate processes, and gives you and your team the chance to focus on tasks that require human effort.

Ensure Regulatory Compliance For Your Bank With FOCAL

Regulatory compliance in banking can be a lot easier and way more efficient with FOCAL. FOCAL provides you with a platform to automate your customer due diligence, monitor and screen transactions, and identify unusual patterns and anomalies. You can also save time and effort with automated identity verification & IBAN verification, and the platform assigns risk scores to customers. If regulatory compliance for financial institutions is automated with a high level of accuracy, you can allocate human resources elsewhere and ensure compliance.

Conclusion

Banking compliance is more than just following rules; it is also about protecting people's hard-earned money. With all the types of compliance in banking, if you follow the seven best practices and consider the banking regulatory compliance checklist we discussed earlier in this article, your bank or financial institution can reduce compliance risks while meeting legal requirements and maintaining stakeholder trust and confidence.