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6 - Bank Governance and Sustainability

from Part II - Ethics and Sustainability in Corporate Law, Corporate Governance and Conduct

Published online by Cambridge University Press:  30 January 2025

Kern Alexander
Affiliation:
University of Zurich
Matteo Gargantini
Affiliation:
University of Genoa
Michele Siri
Affiliation:
University of Genoa
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Summary

This chapter discusses the importance of decision-making and agency problems in bank governance with particular focus on the role of the board of directors in addressing sustainability risks that are increasingly affecting the banking business. It considers traditional agency theories that underpin corporate governance and suggests that they do not offer a full explanation of the ‘collective’ agency problems that exist in large complex organisations, such as banks and other financial institutions. Human agency theory offers an alternative theory that emphasises the importance of organisational culture in determining standards, norms and values that influence agent behaviour. As to bank boards, the chapter stresses that although their role is primary, regulatory intervention may be necessary to ensure that organisational practices are adequately managing agency problems regarding sustainability concerns. The chapter concludes with some recommendations for how bank governance and business practices could be improved to support society’s sustainability objectives.

Type
Chapter
Information
The Cambridge Handbook of EU Sustainable Finance
Regulation, Supervision and Governance
, pp. 134 - 153
Publisher: Cambridge University Press
Print publication year: 2025

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References

Alexander, K. (2016), ‘Greening Banking Policy’, Input paper in support of the G20 Green Finance Study Group ‘Greening Banking Policy’, September 2016, (Geneva: United Nations Environmental Programme), available at: https://tinyurl.com/5n7f5jwt [accessed 16 June 2024].Google Scholar
Alexander, K. and Fisher, P. (2018), ‘Banking Regulation and Sustainability’, SSRN Working Paper, 1–17, available at: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=3299351 [accessed 16 June 2024].CrossRefGoogle Scholar
Alexander, K. and Fisher, P. (2019) ‘What happens when nobody is watching: Regulation, bank risk culture and environmental sustainability’, in Taaffe, O. (ed.), Banking on Change: The Development and Future of Financial Services (Chichester: Wiley), 2742.CrossRefGoogle Scholar
Alexander, K., Dhumale, R. and Eatwell, J. (2006), Global Governance of Financial Systems: The International Regulation of Systemic Risk (Oxford: Oxford University Press).Google Scholar
Alvesson, M. and Robertson, M. (2016), ‘Money matters: Teflonic identity manoeuvring in the investment banking sector’, Organization Studies, 37(1), 734.CrossRefGoogle Scholar
Arrow, K. (1965), Aspects of the Theory of Risk-Bearing (Chicago, IL: Aldine-Atherton).Google Scholar
Ashby, S., Palermo, T. and Power, M. (2014), ‘Risk culture: Definitions, change practices and challenge for chief risk officers’, in Jackson, P. (ed.), Risk Culture Effective Risk Governance (London: Risk Books), 2546.Google Scholar
Bandura, A. (1997), Self-efficacy: The Exercise of Control (New York: W H Freeman).Google Scholar
Bandura, A. (1999), ‘Social cognitive theory of personality’, in Pervin, L. A. and O. P. John (eds.), Handbook of Personality (New York and London: The Guildford Press).Google Scholar
Bank of England (2018), ‘Transition in Thinking: The Impact of Climate Change on the UK Banking Sector’, available at: https://tinyurl.com/5n8en63z [accessed 16 June 2024].Google Scholar
Bank of England, Prudential Regulatory Authority (PRA) (2014), ‘The Use of PRA Powers to Address Serious Failings in the Culture of Firms’, available at: https://tinyurl.com/ykm4abp9 [accessed 16 June 2024].Google Scholar
BCBS (Basel Committee on Banking Supervision) (2009), ‘Enhancements to the Basel II Framework’, available at: www.bis.org/publ/bcbs157.htm [accessed 19 April 2017].Google Scholar
BCBS (Basel Committee on Banking Supervision) (2014), ‘Consultative Document: Corporate Governance Principles for Banks’, available at: www.bis.org/publ/bcbs294.pdf [accessed 10 January 2019].Google Scholar
BCBS (Basel Committee on BankingSupervision) (2022), ‘Principles of Supervisory Review for Climate Change Risks’, available at: www.bis.org/bfcbs/publ/d532.htm [accessed 16 June 2024].Google Scholar
Bilz, K. and Nadler, J. (2014), ‘Law, moral attitudes, and behavioral change’, in Zamir, E and Teichman, D. (eds.), The Oxford Handbook of Behavioral Economics and the Law (Oxford: Oxford University Press), 241267.Google Scholar
Bryant, Q. C. and Rickards, J. (2016) The Legal Duties of Pension Fund Trustees in Relation to Climate Change, Abridged Joint Opinion (London: ClientEarth).Google Scholar
Buranyi, S. (2018), ‘The plastic backlash: What’s behind our sudden rage – And will it make a difference?’, The Guardian, 13 November, available at: https://tinyurl.com/2fjyzkku [accessed 16 June 2024].Google Scholar
Carney, M. (2015), ‘Breaking the tragedy of the horizon – Climate change and financial stability’, speech to Lloyd’s of London, September, available at: https://bit.ly/4bFW54t [accessed 17 June 2024].Google Scholar
Center for Sustainability Studies, Federação Brasileira de Bancos (Febraban) (Sept. 2014), ‘The Brazilian Financial System and the Green Economy: Alignment with Sustainable Development’, (United Nations Environment Programme, Geneva), available at: https://tinyurl.com/mpja7h3 [accessed 17 June 2024].Google Scholar
Cole, D. H. and Ostrom, E. (2011) ‘The variety of property systems and rights in natural resources’, in Cole, D. H and Ostrom, E (eds.), Property in Land and Other Resources (Cambridge, MA: Lincoln Institute of Land Policy), 3766.Google Scholar
DNB (De Nederlandsche Bank) (2017) 2016 Annual Report, available at: www.dnb.nl/media/vxum0etl/2016-anual-report.pdf [accessed 16 June 2024].Google Scholar
Dow, J. (2000), What Is Systemic Risk? Moral Hazard, Initial Shocks, and Propagation. Institute for Monetary and Economic Studies, Bank of Japan.Google Scholar
Emirbayer, M. and Mische, A. (1998), ‘What is agency’, The American Journal of Sociology, 103(4), 9621023.CrossRefGoogle Scholar
European Banking Authority (2021), Report on the Management of ESG Risks, available at: https://tinyurl.com/yd75h3cw [accessed 17 June 2024].Google Scholar
European Central Bank (2020), Final Guidance on Climate-related and Environmental Risks, available at: https://tinyurl.com/bdhtjc3b [accessed 16 June 2024].Google Scholar
European Commission (2013), Directive 2013/36/EU of the European Parliament and of the Council of 26 June 2013 on access to the activity of credit institutions and the prudential supervision of credit institutions and investment firms, amending Directive 2002/87/EC and repealing Directives 2006/48/EC and 2006/49/EC, OJEU L 176/338, Recital 54.Google Scholar
European Commission (2018), High-Level Expert Group on Sustainable Finance (Final Report), available at https://tinyurl.com/36rv2kv3 [accessed 24 January 2019].Google Scholar
EY (2014), Shifting Focus: Risk Culture at the Forefront of Banking, available at: https://go.ey.com/3I6Gqhe [accessed 19 January 2019].Google Scholar
Financial Stability Board (2014), ‘Guidance on Supervisory Interaction with Financial Institutions on Risk Culture: A Framework for Assessing Risk Culture’, available at: www.fsb.org/wp-content/uploads/140407.pdf?page_moved=1 [accessed 10 January 2019].Google Scholar
G30 (2013), ‘A New Paradigm: Financial Institution Boards and Supervisors’, available at: https://bit.ly/3T3zHe3 [accessed 19 June 2022].Google Scholar
Hart, O. (1995), Firms, Contracts, and Financial Structure (New York: Oxford University Press, USA).CrossRefGoogle Scholar
Hutley, S. C. and Hartford Davies, S. (2016), ‘Climate Change and Directors’ Duties’, Memorandum of Opinion published by The Centre for Policy Development and the Future Business Council via Minter Ellison, Solicitors, Melbourne. https://tinyurl.com/4tyww2wm [accessed 16 June 2024].Google Scholar
Institute of International Finance (IIF) (2009), Reform in the Financial Services Industry: Strengthening Practices for a More Stable System (Washington, DC: IIF).Google Scholar
Jensen, M. C. (1998), Foundations of Organizational Strategy (Cambridge, MA: Harvard University Press).Google Scholar
Jensen, M. C. and Meckling, W. H. (1976), ‘Theory of the firm: Managerial behavior, agency costs, and ownership structure’, Journal of Financial Economics, 3(4), 305360.CrossRefGoogle Scholar
Jensen, M. C. and Meckling, W. H. (1994), ‘The nature of man’, Journal of Applied Corporate Finance, 7(2), 419.CrossRefGoogle Scholar
Khurana, R. (2002), ‘Market triads: A theoretical and empirical analysis of market intermediation’, Journal for The Theory of Social Behaviour, 32(2), 239262.CrossRefGoogle Scholar
Mahmendier, U. and Geofrrey, T. (2009), ‘Superstar CEOs’, The Quarterly Journal of Economics, 124(4), 15931638.CrossRefGoogle Scholar
Prudential Regulation Authority (2018), ‘Enhancing Banks’ and Insurers’ Approaches to Managing the Financial Risks from Climate Change’, consultation paper 23/18, available at: https://bit.ly/3OQSmap [accessed 24 January 2019].Google Scholar
Robertson, J. (2017), ‘Big Four banks distance themselves from Adani Coalmine as Westpac rules out loan’, The Guardian, 28 April, available at: https://tinyurl.com/3kw3dv5u [accessed 16 June 2024].Google Scholar
Sants, H. W. H. (2010), ‘Do regulators have a role to play in judging culture and ethics?’ Speech at the Chartered Institute of Securities and Investments Conference, available at: https://bit.ly/3ONX5K4 [accessed 17 June 2024].Google Scholar
Shleifer, A. and Vishny, R. (1997), ‘A survey of corporate governance’, Journal of Finance, 2, 737783.CrossRefGoogle Scholar
Tversky, A. and Daniel, K. (1974), ‘Judgment under uncertainty: Heuristics and biases’, Science, New Series, 185(4157), 11241131.Google ScholarPubMed
United Nations (2015), ‘About the Sustainable Development Goals’, available at: https://bit.ly/3T3bcgZ [accessed 25 January 2019].Google Scholar
World Economic Forum (2020), Measuring Stakeholder Capitalism, Towards Common Metrics and Consistent Reporting of Sustainable Value Creation, September, Pilar: Principles of Governance.Google Scholar

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