(A) commercial banks should establish the concept of comprehensive compliance construction.
First of all, the content of the compliance system should pay attention to both professionalism and comprehensiveness.
According to the regulatory requirements, the "rules" of compliance include not only the existing external laws and regulations, industry standards and self-regulatory organizations, but also the internal rules and regulations of banks. In other words, the compliance construction of commercial banks belongs to a big category. Compared with legitimacy, it has a wider scope and higher requirements, and should be both "external regulations" and "internal regulations". Therefore, banks should not only strengthen the construction of professional compliance system from the special perspective of financial institutions; We should also attach importance to the establishment of rules and regulations from the perspective of enterprise management and establish a complete compliance system. From the content of compliance construction, commercial banks should pay attention to comprehensiveness, covering not only all businesses, back-office departments and branches, but also all employees; Pay attention to not only professional compliance, but also non-professional compliance.
Secondly, the compliance management system should pay attention to integrity.
From the content point of view, the compliance management system is manifested in the effective integration of commercial bank enterprise management, daily operation management compliance, employee practice behavior compliance and other aspects; From the perspective of implementation, compliance management should involve different work links such as decision-making, implementation, supervision and feedback of commercial banks; Therefore, compliance construction and management should become the work of the whole bank of commercial banks, not just the task of the compliance department and its senior management. At present, the compliance management of many commercial banks has not yet reached the ideal state of top-down and completely infiltrating into all daily operations and management. The main manifestations are: the compliance of decision-making in advance and implementation in the event is tight, while the compliance of supervision and feedback in the event is relatively weak; Pay attention to pre-risk prevention, but the follow-up system construction system that needs continuous improvement, such as compliance performance appraisal, compliance accountability system and integrity reporting system, is relatively weak or even incomplete; The long-term mechanism of compliance management needs to be deepened.
(2) Commercial banks should attach importance to the cooperation between legal and professional personnel in compliance management.
According to the regulatory requirements of China Banking Regulatory Commission, bank compliance management talents need to have the characteristics of "all-rounder", that is, both legal knowledge and banking professional knowledge should be paid equal attention to. Compliance managers should not only understand the legal connotation, but also understand the bank's business, and need to have a high comprehensive quality. The author believes that this requirement also reflects the relationship between compliance and legality. Bank compliance includes the requirement of legality review, and legality is the basis of compliance management. In order to do a good job in compliance management, banks must pay attention to the mutual integration and full cooperation between legal talents and professionals. Only in this way can a comprehensive and reasonable compliance management mechanism with high execution be formed.
At present, some commercial banks are still in a state of separation of legal and compliance departments. The legal department is mainly composed of legal professionals, and is generally responsible for the review of litigation and contract terms, which basically belongs to the post-processing part of bank compliance management. The employees of the Compliance Department are basically composed of financial professionals from risk control departments and business departments. These people generally have the characteristics of strong professional knowledge and relative lack of legal knowledge. Although some banks have joint departments, the division of labor between legal talents and business talents is too clear, which is similar to the work effect in a separate department environment. In this mode, compliance construction and management personnel should not only judge whether the business conforms to the provisions of laws and regulations, but also judge whether it conforms to industry rules, self-discipline rules and internal systems. From the perspective of rational allocation of human resources, it forms an unreasonable state that the legal quality of financial professionals is higher than that of legal professionals.
The above work mode puts the basic work of compliance management "legitimacy" in the later stage of compliance construction, which makes it difficult to effectively link legitimacy judgment and compliance review in banking practice, which is not conducive to improving the overall working efficiency of banks.
(3) Commercial banks should optimize the compliance supervision mechanism to achieve the cooperative compliance supervision effect of the whole bank.
To achieve the best implementation effect of compliance management, commercial banks need to cooperate with each other, establish layers of defense lines for compliance management, and improve their ability to control compliance risks. To achieve the above effect, it is necessary to refine the construction of bank compliance supervision system and realize the unity of responsibilities and obligations.
From the perspective of compliance system construction, the heads of branches and departments of commercial banks are generally given the primary responsibility for compliance supervision of business activities within their jurisdiction. However, in practice, many business executives only perform the duties of compliance supervision report, which weakens the preliminary identification task of compliance supervision. The reason is that from the perspective of compliance supervision mechanism, the compliance department is the final institution responsible for compliance review, and the business director is not the main person responsible for compliance supervision. Corporate executives often pay more attention to business opportunities and ignore the fulfillment of compliance responsibilities to some extent.
(D) Commercial banks should pay attention to the cultivation and development of compliance talents.
Banking business innovation is an important way for the banking industry to get rid of homogeneous competition, expand the market and enhance its competitiveness, which also puts forward higher requirements for compliance construction and management. The lack of ability of compliance managers makes it difficult for them to judge compliance risks: on the one hand, they bury risk control risks by ignoring risks; on the other hand, they may influence the development of banks by exaggerating risks. From this practical point of view, bank compliance personnel are required to have higher requirements than bank regulators. In addition to legal and business knowledge, they are also required to have good learning and understanding skills. Qualified compliance personnel should be able to grasp the latest trends and connotations of laws, regulations and standards in a timely and correct manner, analyze their impact on bank operations, and put forward solutions or suggestions to avoid risks in time.
At present, the level of compliance personnel in many commercial banks has been greatly improved, but it is still difficult to meet the above requirements. Therefore, commercial banks should pay attention to increasing investment in the absorption and training of compliance personnel.
(V) Strengthening execution by using compliance management.
Although many commercial banks have established formed systems and processes, it is still difficult to implement them. For example, according to the relevant system of commercial banks, it is required that lending intermediaries must adopt competitive bidding, but in practice, this step is often a mere formality or even ignored, which eventually leads to the system being ineffective and will only increase administrative costs. In view of the above situation, commercial banks can consider using the support of electronic information technology platform for compliance management to reduce the negative impact of human intervention and other factors. An electronic information system for compliance management, which integrates system retrieval, contract review, authorization management, compliance interactive question and answer, compliance lecture hall, regulatory trends and anti-money laundering monitoring, was established through information channels, which not only promoted the process collaboration and convergence between business departments and compliance management departments, but also achieved the goal of continuous improvement of real-time interaction and compliance management within banks, and played a very good role in accelerating the transformation of bank business model from departmental banks to process banks.