In the next wave of conduct regulation in financial markets, from 2021 conduct regulators in the UK and elsewhere expect firms to produce evidence on how they are improving behaviour and culture. Facing this, many practitioners are anxious that their current reporting and management information (MI) are irrelevant to meeting as-yet unclear regulatory expectations. This book provides the insights and tools firms need to report on culture, securing both enhanced business value and the regulator's approval. Culture is now seen as a key contributor to good governance, feeding into existing discourse on environmental, social and governance (ESG) factors and the emerging dialogue on 'non-financial (mis)conduct', but conventional measures of business quality are unfit for the new reporting agenda. Culture Audit in Financial Services follows the arc of 'behavioural regulation' to examine what the regulator really wants, before offering guidance on how culture audit differs from conventional auditing, how to put the latest pure-research findings to work, and the key features of well-designed conduct and culture reports. Written by an impartial author and a variety of contributors with extensive experience working with practitioners, regulators, and many of the world's finest academic initiatives, this book is filled with practical, grounded advice on how best to approach this new challenge and avoid infractions.

The period since the Global Financial Crisis and numerous scandals have exposed some areas of serious illegal and unethical conduct within western banking systems. Despite extensive reforms it is increasingly apparent however that there is a persistent problem with the 'culture' of banking in Anglo-America. US and UK state managers made substantial efforts to reform the culture of their banking sectors. However, this book argues that they focused on an extremely narrow definition of bank culture. They did so for two reasons: firstly, because the structural pressures of financialization - which are a far more important driver of the problematic features of bank culture in Anglo-America - are harder to remedy; but secondly, state managers also used their bank culture response to tackle a legitimacy crisis facing their institutions of government. In so doing they abdicated responsibility for the real problems - of inequality and instability - associated with their respective financial systems Drawing on interviews with more than 150 individuals working in financial services as well as regulators, politicians, and lawyers, The Bank Culture Debate explains the strategies employed by state managers before then examining what has and has not changed in the culture of banking in the US and UK.

The global financial crisis evidenced the corrosive effects of unethical behaviour upon the banking industry. The recurrence of misbehaviour in the financial sector, including fraud and manipulations of market indices, suggests the need to establish a banking culture that conforms to the highest standards of ethical and professional behaviour. This Research Handbook on Law and Ethics in Banking and Finance focuses on the role that law should play and the effectiveness of newly introduced regulations and supervisory actions as a driver for ethical conduct so as to reconnect the interests of bankers and financiers with the interests of society.

Analyses banking regulation and recent international developments, including Basel IV, bank resolution and Brexit, and their impact on bank governance.

Ongoing conduct issues in the banking sector have sparked global discussions on the effectiveness of the corporate governance of these institutions. This dissertation commences by exploring the internationally evolving regulatory landscape of prudential corporate governance and the role of bank senior management within these frameworks using a law and economics perspective. Two model jurisdictions, the United Kingdom and the Netherlands, are identified as pioneers with their emerging approaches to tackle the persisting challenges. Against this backdrop, the study turns to Switzerland. It fills the gap of a comprehensive supervisory law analysis of bank senior management. For this purpose, the fragmented provisions are distilled from their institutional embedding and structured along the supervisory law life cycle of authorisation, ongoing supervision and enforcement. Along each phase, the respective novel approaches from the model jurisdictions are presented. Through these analyses, the dissertation identifies gaps and inefficiencies in the Swiss supervisory law framework. These findings are synthesised in order to gain a holistic view of the current setup. Concluding, future pathways for Switzerland are presented, also inspired by international developments, to propose a more structured, robust and efficient framework for the regulatory oversight of the senior management of Swiss banks.

This third edition of the Principles of Banking Law provides an authoritative treatment of both domestic and international banking law. This edition contains expanded coverage of developments in other comparable jurisdictions, internet banking services and money laundering.