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Journal of Financial Regulation and Compliance
Article . 2013 . Peer-reviewed
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SSRN Electronic Journal
Article . 2012 . Peer-reviewed
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Managing Compliance Risk After MiFID

Authors: MUSILE TANZI, Paola; Giampaolo Gabbi; Daniele Previati; Paola Schwizer;

Managing Compliance Risk After MiFID

Abstract

PurposeThe purpose of this paper is to focus on changes in the compliance function within major European banks and other financial intermediaries and on the effects of Markets in Financial Instruments Directive (MiFID) implementation.Design/methodology/approachThe four areas of research seek to answer the following questions: Is the positioning of the compliance function “at the top” of the organizational structure? Are the roles attributed to the compliance function, their knowledge and their instruments consistent with their responsibilities? Do the methodologies applied follow a qualitative and/or a quantitative approach? Is the interaction between the compliance function inside and outside the structure appropriate to the goals of compliance? In total, 31 top international groups based in Europe were invited to take part in the research, 16 of them accepted.FindingsThe authors observed a resolute adjustment to the regulations in terms of macrostructure and high levels of compliance function competences in investment services and business knowledge, with a low variation. The encouraging news coming out of the results of the research is the confirmation of the presence of a connection between the compliance function and both the system of values and of incentives.Originality/valueThe paper's international sample offers a unique opportunity to highlight the critical areas of the compliance function within international groups, with growing operational complexity in a framework of principle‐based regulation.

Country
Italy
Keywords

MiFID, compliance; regulation, regolamentazione; bank, banca; MiFID, Governance, COMPLIANCE; RISK; MIFID, Compliance risk, Internal governance, Compliance function, compliance; regulation; regolamentazione; bank; banca; MiFID, Compliance, Compliance function, Internal governance, Compliance risk, Governance, MiFID, Regulation, Compliance, Regulation

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    influence
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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
5
Average
Top 10%
Average
Green