The business reputation of bank managers as a tool to minimize risks
The publication explores the issues of determining the business reputation of bank managers and its legislative regulation. Criteria of the impeccable business reputation of bank managers are considered. The influence of business reputation on minimizing some risks to the armbands associated with banking activities has been established.
The development of banking in Ukraine, the emergence of new banking services and products, in addition to positive changes, increases the number of banking risks and their rapid spread. In this regard, special attention is paid to minimizing emerging banking risks. The impeccable business reputation of bank leaders has become one of the most effective tools to minimize non-financial banking risks. An unresolved issue today associated with the introduction of the concept of business reputation of bank managers is to determine the types of banking risks, the minimization of which, therefore, is aimed at the NBU. Also, a certain problem is the lack of clear regulation of the issue of business reputation in Ukrainian legislation.
Recently, the issue of minimizing banking risks has been actively investigated in domestic science. Of course, the detailed attention to this problem is focused precisely on the scientists of economists. Legal support of this issue does not cause, so far, a lively interest among scientists. Certain aspects of bank risk management were studied by such scientists as S.N. Kozmenko, A.V. Vasyurenko, L.A. Primostka, V.V. Bobyley, V.V. Vitlitsky and others.
The aim of this work is to study the concept of business reputation of bank managers and its impact on banking risks that may arise in the course of a banking institution.
In Ukrainian legislation there is no clear definition of the concept of business reputation and, in general, little attention is paid to the issue of business reputation. The exception is banking legislation, which is most fully suited to the regulation of business reputation. The uniform definition of the concept of “goodwill” in Ukrainian law is contained in the Law of Ukraine “On Banks and Banking Activities” (hereinafter – the Law), which defines business reputation as information collected by the National Bank of Ukraine on the conformity of activities of a legal or natural person, including the number of heads of a legal entity and owners of significant participation in such a legal entity, the requirements of the law, business practices and professional ethics, as well as information about decency, professional and management iCal abilities of an individual.
From an analysis of the Law, we can conclude that the business reputation of bank managers is information received by the National Bank of Ukraine on the activities of the chairman, his deputies and members of the bank’s council, the chairman, his deputies and members of the board (directors), chief accountant, his deputy and managers Separate divisions of the bank to the requirements of the law, business practice and professional ethics, as well as information about their decency, professional and managerial abilities.
The determining factor is that the head of the bank can only be a person who confirms his impeccable business reputation. In itself, the impeccable business reputation of the head of the bank is acquired not on the basis of the presence of certain facts in a person’s biography, but rather on the contrary, by their absence.
A sign of the lack of impeccable business reputation of the head of the bank are:
criminal record, outstanding and not removed in the manner prescribed by law;
on the charge of committing a crime, the corpus delicti has not been established, but violations of the requirements of the Law of Ukraine “On Banks and Banking Activities” or regulatory legal acts of the National Bank have been identified and a measure of influence has been applied to the person;
improper fulfillment of financial obligations in relation to any bank or other legal or natural person (within the last five years);
the candidate held a position in the management bodies of the bank for one year before the introduction of the interim administration, liquidation of the bank (applied within five years from the date of the event);
release upon request of the National Bank or other state body;
exemption under articles 40 (paragraphs 2-4, 7, 8), 41 of the Code of Labor Laws of Ukraine (over the past five years);
the deprivation of the right to occupy certain positions or engage in certain activities by a court judgment continues;
improper performance of duties as a payer of taxes and fees (over the past five years);
availability of information, the person is included in the list of persons associated with the implementation of terrorist activities or against whom international sanctions have been applied in the manner prescribed by law.