Monday, 29 July 2024
By Laura Vermeulen, Head of Strategy & Business Development at Indigita SA
Introduction
The recent Credit Suisse crisis prompted the Swiss Federal Government to re-evaluate the existing regulatory framework for Systemically Important Banks (SIBs). In April 2024, the Federal Council proposed several measures to reinforce the current Too-Big-To-Fail (TBTF) regime and safeguard financial stability. Among these measures is the implementation of a Senior Managers Regime (SMR), which seeks to clearly allocate responsibilities and enhance individual accountability within the most senior levels of financial institutions.
The Need for Better Corporate Governance
Back in its 2019 annual report, FINMA already highlighted corporate governance as a key focus area. Robust corporate governance is essential for ensuring that financial organizations design, sustain and continuously improve their internal rules and structures that promote the effective management and control of their operations.
However, recent failures within the banking sector have revealed ongoing deficiencies in corporate governance, particularly in risk management practices and organizational culture. These shortcomings can be significant contributors to banking crises. The Federal Council has, therefore, emphasized the need to strengthen incentives for good corporate governance.
Enhancing Individual Accountability
A major area of focus is individual accountability. FINMA has already established instruments and measures to hold individuals accountable for serious violations of supervisory provisions. However, in practice, it can be challenging to demonstrate that individuals in large organizations have violated internal policies and/or regulations. To address this, the Federal Council proposed the introduction of a Senior Managers Regime (SMR) as an organizational requirement.
Senior Manager Regime
The scope of application of the SMR would cover SIBs and potentially other financial entities. Its regulatory requirements would be proportional and adjusted based on each bank’s size, complexity, and risk profile.
The Federal Council’s proposal outlines the following core elements for a Senior Managers Regime:
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Clear Assignment and Fulfillment of Responsibilities: Responsibilities should be clearly defined, with an obligation to uphold them, including the duty to mitigate misconduct.
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Incentives and Sanctions: Appropriate incentives should be provided to individuals and sanctions imposed for breaching obligations, either by the institution (e.g., reduced variable remuneration) or by the supervisory body (e.g., industry bans).
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Documentation and Compliance: Responsibilities under the SMR must be properly documented, updated, and submitted to FINMA in accordance with regulatory requirements.
Future Outlooks
The push to enhance individual responsibility and liability predates the Credit Suisse crisis, but the urgency has intensified in its aftermath. By proposing the establishment of a SMR, the Federal Council aims to align with international authorities and foster a strong culture of responsibility and ethical conduct within the financial sector.
While the SMR framework would have the potential to mitigate excessive risk, its implementation may pose challenges. Successful deployment of the Senior Managers Regime will require ongoing dialogue among Swiss and international regulatory bodies, financial entities, and other relevant parties to ensure its effective execution.
