Consequences of Noncompliance with Laws and Regulations

In both informal and formal supervisory actions, directors play a key role in addressing identified problems and deficiencies. Directors adopt corrective actions, implement policies and procedures, and oversee management’s compliance with the policies and procedures. Additionally, most supervisory actions require periodic board reports to the bank’s regulator on progress in correcting problems and deficiencies and complying with the terms of the supervisory action. Regulators generally terminate a supervisory action when the bank returns to a satisfactory condition and is in full compliance with the action.

Banks that lack a good compliance risk management system, or have one with material flaws, may be exposed to the following consequences:

  • Violations of Banking Laws or Regulations
  • Violations may be indicative of a pattern or practice and are considered potential areas of concern. The pattern or practice could lead to monetary penalties, supervisory actions and/or reputational risk for bank management.

  • Monetary Cost
  • This can come from employee time spent on file searches requested by regulators trying to determine the extent of a violation or from hiring a consultant to fix a problem. Other monetary costs can include civil money penalties (CMP), reimbursements or restitutions, depending on the violation of law or regulation.

  • Enforcement Supervisory Actions
  • Regulators may take action to correct specific problems identified at a bank. Actions typically specify what the bank needs to do to correct identified problems, such as improving lending practices, instituting proper policies and procedures, or correcting specific violations of law. They may be formal, meaning they are legally enforceable, or informal.

  • Reputational Risk/Damaged Reputation
  • Failure to comply with laws and regulations can affect a bank’s reputation in a couple of ways. First, violations often involve some kind of error requiring contact and disclosure with customers. If errors occur frequently, customers will soon have the word out to the community that the bank does not operate effectively.

    Second, if the violations necessitate the use of a formal enforcement action, those actions are public information, disseminated by the regulators and available on their respective regulatory websites. Again, news of a bank’s inefficient operations may be widely communicated and known to the public via customer word of mouth.