Thursday, October 9, 2014

List of Open Consultations and Rule Proposals

Author: David Schwartz J.D. CPA

With the November 15 and 16 G20 Summit in Brisbane fast approaching, policy makers and regulators in the US and the UK have been hard at work.  Not to be outdone, IOSCO, ESMA, and BIS have also been busy.  Eager to demonstrate progress on financial re-regulation and reform, there has been a flurry of consultation papers and rule proposals at all levels over the past quarter.  The following is a list, current as of October 9, 2014, of some of the more noteworthy proposals and consultation papers whose comment periods are currently open.  It should be noted that a number of these consultations close imminently.

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Monday, September 22, 2014

UK's Financial Reporting Council Issues New UK Corporate Governance Code

Better Corporate Governance and Risk Management Through Shareholder Engagement

Author: David Schwartz J.D. CPA

The Financial Reporting Council (FRC), UK’s independent regulator responsible for promoting high quality corporate governance and reporting to foster investment, has issued a revised UK Corporate Governance Code.  The changes to the Code are designed to strengthen the focus of companies and investors on the longer term and the sustainability of value creation. One aspect of this refocusing is shareholder engagement.  The revised code seeks to ensure better communication between boards and shareholders by improving disclosure and transparency on proxy voting issues.  

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Wednesday, September 17, 2014

Bank Directors May Find Themselves With a Heightened Standard of Care

To What Extent Should Regulators Dictate How Bank Boards Oversee Risk?

Author: David Schwartz J.D. CPA
A recent address by Federal Reserve Governor Daniel Tarullo has raised the specter of expanded fiduciary duties for bank directors.  Referencing a recent academic paper proposing a simple negligence standard for expanded board oversight responsibility for risk-taking by systemically important financial institutions, Mr. Tarullo discussed how the nature of finance and financial regulation affects corporate governance and why, in turn, special corporate governance measures are needed as part of an effective prudential regulatory system.
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Thursday, May 30, 2013

Is It Time to Rethink the Nature and Management of Financial Risks?

Author: David Schwartz J.D. CPA
For the most part, regulators and policy makers around the globe have "bought in" to the global regulatory reform agenda brought about by the financial crisis. But, there are differences of opinion on whether the reforms that are underway are up to the task of enhancing the resilience and robustness of the global financial system. Mr. Norman T L Chan, Chief Executive of the Hong Kong Monetary Authority, raises some interesting and serious questions about our understanding of global financial risk, and some of the assumptions underlying our reform efforts. In his May 28, 2013 speech before the Hong Kong Monetary Authority-Global Association of Risk Professionals, Mr. Chan raised thoughtful questions, the answers to which would have fundamental relevance to the nature and shape of the global financial system going forward.
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Wednesday, August 29, 2012

Is Your Risk Strategy a True Team Effort?

Author: David Schwartz J.D. CPA
The real question today is whether management and the board have the right governance processes in place to drive the critical business activities—to manage risk and calibrate strategy in a coordinated way.
As companies move beyond managing financial crisis issues, they are turning to a more holistic look at their firms' governance activities.  KPMG recently conducted a study that finds that even with risk management, contingency planning, financial reporting and controls, compliance, internal audit, strategic planning and execution, and board oversight all in place, most respondents were not satisfied that these governance activities are appropriately focused on the greatest risks to their company’s reputation and brand.  According to the KPMG survey, coordination and integration of these functions are key to adding real value to dealing with risk hotspots.
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