Featured Product

    CBIRC Evaluates Governance at Banks, Proposes Licensing Measures

    January 22, 2021

    CBIRC issued the results of the corporate governance evaluation of banking and insurance institutions in 2020. Nearly 1,792 institutions participated in the evaluation, including 1,605 commercial banks and 187 insurance institutions. The evaluation covered eight key dimensions: party leadership, shareholder governance, board governance, board of supervisors and senior management governance, internal risk control, related-party transaction governance, market restraint, and other stakeholder governance. The analysis showed positive results in the development and reform of governance in banking and insurance sectors in China but also identified certain gaps in relation to the governance at these institutions.

    CBIRC conducted this evaluation of the corporate governance of these institutions as an important measure to resolutely fight to prevent and resolve major financial risks. The evaluation showed that compliance of shareholder behavior of bancassurance institutions has improved and the conduct of improper transfer of benefits through related party transactions has been curbed to a certain extent while the operational efficiency of governance entities such as the board of directors, the board of supervisors, and senior management has improved. Post evaluation, the participating entities were rated as excellent (A), good (B), pass (C), weak (D), and poor (E). Most institutions were concentrated in the B and C categories, with 209 institutions being rated as weak (D), 182 institutions rated as poor (E), and one institution rated as excellent (A). The following are the key deficiencies identified in the assessment:

    • In terms of shareholder governance, some institutions, especially small and medium-sized institutions, have opaque and irregular equity relationships, and non-compliant and imprudent shareholder behavior. Among them, equity management issues are particularly prominent.
    • With respect to the board governance aspects, at some institutions, the director’s independence is insufficient and some directors have insufficient ability to perform their duties. A small number of institutions unilaterally pursue short-term performance, clearly propose to vigorously develop so-called low-capital or zero-capital-consumption credit businesses, and substantively develop loan businesses through trusts, brokerages, and other channels to circumvent credit regulatory policies and fail to achieve effective risk isolation. Some banks use large amounts of credit funds for long-term inter-bank investment or to invest in major shareholders and the quality of their assets is worrying , while potential risks are prominent.
    • Issues with remuneration and compensation structure at the senior levels have also been identified, as the pay structure does not meet regulatory requirements and some institutions' basic pay in total remuneration proportion is too high.
    • There exists a lack of institutional risk management, internal control, and internal audit in certain problem cases. Some institutions have not established an independent risk management department and some institutional risk management systems do not cover all business processes and key operational links. Some institutions have not established an independent internal audit system, the number of internal auditors does not meet the regulatory requirements, and the compliance control is not in place.
    • Some institutions have serious weaknesses in the governance of related-party transactions. The identification of related parties is not strict, as some institutions fail to include companies controlled by directors and their close relatives into related-party management. Some institutions have relaxed the review of related-party credit, or deliberately evaded supervision, and used complex business models to issue large amounts of loans to related parties in disguise. 
    • In some organizations' annual reports, there is no disclosure of information such as the board of directors and senior management's ability to monitor risks, the work of independent directors and external supervisors, and the remuneration of directors, supervisors and senior management personnel. Moreover, information disclosure is not timely as some organizations’ annual reports are published later than regulatory requirements.
    • Some institutions need to deepen the protection of the rights and interests of other stakeholders. The participation of stakeholders in corporate governance is relatively low. Some banks have not implemented relevant regulatory requirements for green credit.

    Based on the feedback CBIRC provided to the participating entities, CBIRC urges all institutions to earnestly rectify the identified issues. The entities are also expected to implement classified regulatory measures in response to corporate governance issues found in the assessment. For violations of laws and regulations, serious investigation and punishment will be meted out. Another recommendation is to strengthen the application of evaluation results in daily supervision work and to further improve the supervision and evaluation of corporate governance. In a separate announcement, CBIRC published a consultation on the draft “measures for the administration of banking and insurance institution licenses.” The measures, via 22 articles, focus on integrating the licenses issued by the CBIRC to bancassurance institutions into three categories: financial licenses, insurance licenses, and insurance intermediary licenses. The comment period for these draft measures ends on February 21, 2021.

     

    Related Links (in Chinese)

    Comment Due Date: February 21, 2021

    Keywords: Asia Pacific, China, Banking, Governance, ESG, Bank Licenses, Governance Framework, CBIRC

    Related Articles
    News

    EBA Publishes Final Regulatory Standards on STS Securitizations

    The European Banking Authority (EBA) published the final draft regulatory technical standards specifying and, where relevant, calibrating the minimum performance-related triggers for simple.

    September 20, 2022 WebPage Regulatory News
    News

    ECB Further Reviews Costs and Benefits Associated with IReF

    The European Central Bank (ECB) is undertaking the integrated reporting framework (IReF) project to integrate statistical requirements for banks into a standardized reporting framework that would be applicable across the euro area and adopted by authorities in other EU member states.

    September 15, 2022 WebPage Regulatory News
    News

    EBA Publishes Funding Plans Report, Receives EMAS Certification

    The European Banking Authority (EBA) has been awarded the top European Standard for its environmental performance under the European Eco-Management and Audit Scheme (EMAS).

    September 15, 2022 WebPage Regulatory News
    News

    MAS Launches SaaS Solution to Simplify Listed Entity ESG Disclosures

    The Monetary Authority of Singapore (MAS) set out the Financial Services Industry Transformation Map 2025 and, in collaboration with the SGX Group, launched ESGenome.

    September 15, 2022 WebPage Regulatory News
    News

    BCBS to Finalize Crypto Rules by End-2022; US to Propose Basel 3 Rules

    The Basel Committee on Banking Supervision met, shortly after a gathering of the Group of Central Bank Governors and Heads of Supervision (GHOS), the oversight body of BCBS.

    September 15, 2022 WebPage Regulatory News
    News

    IOSCO Welcomes Work on Sustainability-Related Corporate Reporting

    The International Organization of Securities Commissions (IOSCO) welcomed the work of the international audit and assurance standard setters—the International Auditing and Assurance Standards Board (IAASB)

    September 15, 2022 WebPage Regulatory News
    News

    BoE Allows One-Day Delay in Statistical Data Submissions by Banks

    The Bank of England (BoE) published a Statistical Notice (2022/18), which informs that due to the Bank Holiday granted for Her Majesty Queen Elizabeth II’s State Funeral on Monday September 19, 2022.

    September 14, 2022 WebPage Regulatory News
    News

    ACPR Amends Reporting Module Timelines Under EBA Framework 3.2

    The French Prudential Control and Resolution Authority (ACPR) announced that the European Banking Authority (EBA) has updated its filing rules and the implementation dates for certain modules of the EBA reporting framework 3.2.

    September 14, 2022 WebPage Regulatory News
    News

    ECB Paper Discusses Disclosure of Climate Risks by Credit Agencies

    The European Central Bank (ECB) published a paper that examines how credit rating agencies accepted by the Eurosystem, as part of the Eurosystem Credit Assessment Framework (ECAF)

    September 13, 2022 WebPage Regulatory News
    News

    APRA to Modernize Prudential Architecture, Reduces Liquidity Facility

    The Australian Prudential Regulation Authority (APRA) announced reduction in the aggregate Committed Liquidity Facility (CLF) for authorized deposit-taking entities to ~USD 33 billion on September 01, 2022.

    September 12, 2022 WebPage Regulatory News
    RESULTS 1 - 10 OF 8514