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4 Essential Questions to Ask Your Banking Compliance Consultant

October 26, 2023

The landscape of the banking industry is a continuously shifting terrain, confronted relentlessly by both domestic and international regulatory changes. Compliance consultants, the navigators of these dynamic terrains, are essential to ensure financial institutions steer clear of noncompliance pitfalls. Engaging a compliance consultant is not a casual affair, it requires a keen understanding of what they bring to the table, and how they fit into your organization's unique context.

The selection process of a competent banking compliance consultant demands an analytical and comprehensive approach. There is an array of critical questions to broach with potential consultants to gauge their suitability. Here, we delve into four essential questions that should be part of your interrogation.

  • "Can you detail your experience with the specific regulations that pertain to our institution?"

Regulatory compliance is a vast domain with disparate sections. The Dodd-Frank Act in the US, for example, encompasses regulations that spread across a spectrum from consumer protection to derivatives trading. Against this backdrop, it is critical to ascertain that your prospective consultant has expertise in the specific regulatory sections pertinent to your institution.

The import of this specificity cannot be overstated. A consultant versed in the nuances of the Volcker Rule, even though a part of the Dodd-Frank Act, might not be the best fit for a bank looking for expertise in its mortgage lending compliance. Ensuring that the consultant's expertise dovetails with your institution's regulatory requirements is a crucial first step.

  • "What is your approach to compliance risk assessment and management?"

The crux of compliance lies in the identification, assessment, and management of risk. Therefore, inquiring into a consultant's approach towards these three components is a valuable litmus test of their ability to manage your institution's compliance effectively.

Risk assessment, for instance, is not merely about identifying non-compliance; it also encompasses a quantitative assessment of the potential damage that can ensue from such non-compliance. It draws from various disciplines, including economics and statistics, to model potential risk outcomes. Understanding a consultant's proficiency in these areas and their approach to using these models will provide a clear picture of their ability to manage your institution's risk landscape.

  • "How do you stay current with the evolving regulatory landscape?"

The world of banking regulations is in a constant state of flux, influenced by factors from geopolitical changes to technological advancements. The Payment Services Directive (PSD2) in the EU, for instance, reflects the impact of technology on banking regulations. Therefore, it becomes crucial to understand how a consultant stays updated in this ever-changing landscape.

Furthermore, a consultant's ability to interpret the implications of these changes on your institution and incorporate them into your compliance program is equally critical. The best consultants are those who can not only keep abreast of these changes but also effectively translate them into actionable insights for your institution.

  • "How do you measure the effectiveness of a compliance program?"

Finally, an effective compliance program needs to be measurable. It is not enough to have a program in place; its effectiveness needs to be evaluated against clear, quantifiable metrics. Asking a consultant how they measure the success of a compliance program can shed light on their ability to deliver tangible results.

Some consultants might focus on output metrics such as the number of identified non-compliance issues, while others might delve deeper into outcome metrics like the impact of compliance on business performance. A thorough understanding of these metrics and their relevance to your institution will provide a realistic expectation of what the consultant can deliver.

In conclusion, the selection of a banking compliance consultant is a nuanced process. The four questions discussed here offer a comprehensive framework to facilitate this process. They will enable you to discern the suitability of a consultant for your institution, ensuring that you engage with a partner who can navigate your bank through the labyrinthine world of banking compliance.

Related Questions

The Dodd-Frank Act is a United States federal law that places regulation of the financial industry in the hands of the government. It aims to prevent a repeat of the 2008 financial crisis.

The Volcker Rule is a federal regulation that generally prohibits banks from conducting certain investment activities with their own accounts and limits their dealings with hedge funds and private equity funds, to mitigate the risk to the financial system.

The Payment Services Directive (PSD2) is an EU Directive, administered by the European Commission, to regulate payment services and payment service providers throughout the European Union and European Economic Area.

The approach to risk assessment and management is crucial as it involves identifying, assessing, and managing the risk of non-compliance. It includes a quantitative assessment of the potential damage that can ensue from non-compliance.

The world of banking regulations is constantly changing due to various factors like geopolitical changes and technological advancements. A consultant needs to stay updated to interpret the implications of these changes on the institution and incorporate them into the compliance program.

Output metrics might include the number of identified non-compliance issues, while outcome metrics might delve deeper into the impact of compliance on business performance.

Measuring the effectiveness of a compliance program is important to evaluate its success against clear, quantifiable metrics. It helps in understanding whether the program is delivering tangible results or not.
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