(COMPLETE
GUIDELINE) 2025 -
DUE 29 May 2025
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, 1) Identify 4 key risks that the bank may face as a result of its non-compliance with statutes
(8 marks).
If a bank fails to comply with relevant statutes, it can face several significant risks. Here are four
key risks:
Financial Penalties and Legal Repercussions: Non-compliance can lead to substantial
fines imposed by regulatory authorities. Depending on the severity and nature of the non-
compliance, the bank may also face lawsuits, legal battles, and even criminal charges
against the institution or its officers. This can significantly impact the bank's profitability
and financial stability.
Reputational Damage and Loss of Customer Trust: A bank's reputation is crucial for
attracting and retaining customers. Non-compliance incidents, especially those that
involve breaches of trust or financial misconduct, can severely damage the bank's public
image. This can lead to a loss of customer confidence, negative media coverage, and
ultimately, a decline in business and profitability.
Operational Disruptions and Increased Regulatory Scrutiny: Non-compliance can
result in increased scrutiny from regulatory bodies, leading to more frequent and
intensive audits and investigations. Regulators may also impose restrictions on the bank's
operations, potentially halting certain activities or delaying approvals for new products
and services. This can disrupt the bank's day-to-day functioning and hinder its growth.
Loss of Licenses and Market Access: In severe cases of non-compliance, regulatory
authorities have the power to revoke the bank's licenses to operate. This would
effectively shut down the institution or significantly limit its ability to conduct business.
Loss of market access can also occur if the bank is barred from participating in certain
financial markets or dealing with specific entities due to its non-compliant behavior.
2) Comment on the role and effectiveness of Capitec Bank’ Board in respect to its
responsibilities on compliance issues. (7 marks).
Without the specific details of the article concerning Capitec Bank, a general comment on the
role and effectiveness of a bank's board regarding compliance is provided below.
The board of directors of Capitec Bank (or any bank) plays a crucial oversight role in ensuring
the institution's compliance with all applicable laws, regulations, and internal policies. The
effectiveness of the board in this area is paramount for the bank's long-term sustainability and
reputation.
The board's responsibilities typically include:
Setting the "tone at the top": The board must establish a culture of compliance within
the bank, emphasizing the importance of ethical conduct and adherence to regulations.
Their actions and communications should clearly demonstrate this commitment.