Occupation | |
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Occupation type | Financial analyst |
Activity sectors | Financial regulation, bank regulation, banking, regulatory compliance, financial crime, risk management, government |
Description | |
Competencies | Finance, accounting, judgment, teamwork, communication |
Education required | Bachelor's degree in economics, finance, accounting, or other related business field |
Related jobs | Auditor |
A bank examiner is a financial professional who has the task of making sure that banks and savings and loan associations are operating legally and safely, in accordance with the bank regulations imposed on these institutions by the chartering level of government. In the United States, they may conduct supervision on behalf of a U.S. government agency, the Federal Reserve System, a state banking authority, or for the financial institutions themselves as internal auditors. The main duties of a bank examiner are to ensure that a bank's operations are legal and can provide financial stability. [1] A bank examiner will also review financial statements, evaluate the level of risk associated with loans, and assess the management of a bank. [2]
The early periods of U.S. history were characterized by extremely loose banking regulations, which contributed to multiple banking crises and economic recessions. This is commonly known as the Free Banking Era, a time when the bank examination profession did not exist in the United States. Eventually, the role of bank examiners was formalized by the National Banking Act of 1864, which formally established the Office of the Comptroller of the Currency (OCC) as the supervisor of all banks, whether chartered by a state government as a state bank or by the federal government as a national bank. Banks began to report financial information on a quarterly basis, and bank examiners were hired to inspect institutions. Early examiners of this era faced grueling travel by railroad, stagecoach, or horseback in order to conduct their on-site examinations. [3] While the creation of the OCC helped stabilize the banking system, the post-American Civil War economy continued to present challenges to financial stability.
After the Banking Panic of 1907, the Federal Reserve Act of 1913 called for the creation of the Federal Reserve System. In addition to its central bank responsibilities, the Federal Reserve was also charged with supervising state-chartered banks that were members of the Federal Reserve System. Eventually, the effects of Great Depression also led to the enactment of the Banking Act of 1933, which created the Federal Deposit Insurance Corporation (FDIC) as a deposit insurer and supervisor of state-chartered banks that were not members of the Federal Reserve System.
State banking authorities shared oversight responsibilities with the Federal Reserve and FDIC over state-chartered banks, while the OCC alone maintained oversight of nationally chartered banks. The ranks of bank examiners grew significantly during this period, which is often called the Regulatory Era. [4] Finally, due to the Great Recession and the Dodd–Frank Wall Street Reform and Consumer Protection Act, the Consumer Financial Protection Bureau (CFPB) was established in 2011. Among its other responsibilities, it shares supervisory authority with the OCC, Federal Reserve, FDIC, and states for banks with over $10 billion in total assets. [5]
Bank examiners monitor and evaluate the financial condition of institutions and their compliance with relevant regulations and laws. They evaluate the quality of risk management practices, compliance with consumer protection and financial crime regulations, and management's ability to run the institution in a safe and sound manner. The bank examination process may include inspection of the facility and the bank's records, as well as fact-finding interviews with management. Bank examiners usually work on-site, traveling to various institutions and branches as scheduled or as requested, although some work may also be done through remote access. Frequency of examinations is determined by statute and the risk level of the institution. Complex banks may have teams of examiners stationed year-round in its offices to perform ongoing monitoring. The bank examiner is expected to be knowledgeable of finance and accounting principles (particularly forensic accounting), as well as the relevant banking procedures and protocols. In some cases, an examiner will have worked in bank management positions in the past. In the United States, it is a crime to obstruct a federal bank examination. [6]
Bank examiners report findings to their employing agency, and usually to the board of directors and upper management of the examined institution. They are expected to provide analysis and evidence to substantiate their findings, in an objective and non-judgmental manner; and in particular to refer any serious violations of regulations to the appropriate levels of authority. Recommendations for corrective action can be made if warranted. Examiners, particularly those employed by a regulatory agency, may also assign supervisory ratings to institutions and place legal enforcement actions, civil money penalties, or other punishments for noncompliance.
Aspiring bank examiners are usually required to have an undergraduate degree in finance, accounting, economics, or related business field. In some cases, a background investigation may be performed on the candidate to assess their ability to protect sensitive information. Newly hired examiners must immediately comply with ethics rules that prohibit certain actions, such as holding bank stock or receiving loans from specified financial institutions. [7]
While examiner training requirements vary depending on the employing agency, federal bank examiners in the United States are generally encouraged to complete rigorous training programs to become certified as commissioned examiners. This title indicates that the holder has a high level of general examination expertise and is empowered to serve in key roles such as examiner-in-charge. Examiner commissioning programs may demand several years of on-the-job training, formal classroom instruction, and knowledge tests on topics such as banking, accounting, and regulations. [8] Once commissioned, bank examiners may have the opportunity to further develop specialties in large bank, asset management, IT security, anti-money laundering, capital markets, consumer protection, and other areas. [9] They may also advance to management positions in their respective field offices.
As bank examiners from the Office of the Comptroller of the Currency began discovering fraud and risk management deficiencies at the First National Bank of Keystone in Keystone, West Virginia, bank officials began intimidating them by making verbal threats, taping conversations, forging emails from examiners, and hiring security guards to follow them around. The examiners requested, and received, U.S. Marshal Service protection as they continued their work. The Office of the Comptroller of the Currency examiners, and the Federal Deposit Insurance Corporation examiners who later joined them, ultimately uncovered the fraud and declared the bank insolvent. It was eventually closed down, with the FDIC as receiver. Subsequently, several bank directors went to federal prison for charges such as obstructing a bank examination and fraud. It was discovered that some bank records were buried in the ranch of one of the directors. [11]
The Federal Deposit Insurance Corporation (FDIC) is a United States government corporation supplying deposit insurance to depositors in American commercial banks and savings banks. The FDIC was created by the Banking Act of 1933, enacted during the Great Depression to restore trust in the American banking system. More than one-third of banks failed in the years before the FDIC's creation, and bank runs were common. The insurance limit was initially US$2,500 per ownership category, and this has been increased several times over the years. Since the enactment of the Dodd–Frank Wall Street Reform and Consumer Protection Act in 2010, the FDIC insures deposits in member banks up to $250,000 per ownership category. FDIC insurance is backed by the full faith and credit of the government of the United States, and according to the FDIC, "since its start in 1933 no depositor has ever lost a penny of FDIC-insured funds".
In the United States, banking had begun by the 1780s, along with the country's founding. It has developed into a highly influential and complex system of banking and financial services. Anchored by New York City and Wall Street, it is centered on various financial services, such as private banking, asset management, and deposit security.
A financial institution, sometimes called a banking institution, is a business entity that provides service as an intermediary for different types of financial monetary transactions. Broadly speaking, there are three major types of financial institution:
A savings and loan association (S&L), or thrift institution, is a financial institution that specializes in accepting savings deposits and making mortgage and other loans. The terms "S&L" and "thrift" are mainly used in the United States; similar institutions in the United Kingdom, Ireland and some Commonwealth countries include building societies and trustee savings banks. They are often mutually held, meaning that the depositors and borrowers are members with voting rights, and have the ability to direct the financial and managerial goals of the organization like the members of a credit union or the policyholders of a mutual insurance company. While it is possible for an S&L to be a joint-stock company, and even publicly traded, in such instances it is no longer truly a mutual association, and depositors and borrowers no longer have membership rights and managerial control. By law, thrifts can have no more than 20 percent of their lending in commercial loans—their focus on mortgage and consumer loans makes them particularly vulnerable to housing downturns such as the deep one the U.S. experienced in 2007.
The Community Reinvestment Act is a United States federal law designed to encourage commercial banks and savings associations to help meet the needs of borrowers in all segments of their communities, including low- and moderate-income neighborhoods. Congress passed the Act in 1977 to reduce discriminatory credit practices against low-income neighborhoods, a practice known as redlining.
The Office of the Comptroller of the Currency (OCC) is an independent bureau within the United States Department of the Treasury that was established by the National Currency Act of 1863 and serves to charter, regulate, and supervise all national banks and thrift institutions and the federally licensed branches and agencies of foreign banks in the United States. The acting Comptroller of the Currency is Michael J. Hsu, who took office on May 10, 2021.
Banking regulation and supervision refers to a form of financial regulation which subjects banks to certain requirements, restrictions and guidelines, enforced by a financial regulatory authority generally referred to as banking supervisor, with semantic variations across jurisdictions. By and large, banking regulation and supervision aims at ensuring that banks are safe and sound and at fostering market transparency between banks and the individuals and corporations with whom they conduct business.
Basel II is the second of the Basel Accords, which are recommendations on banking laws and regulations issued by the Basel Committee on Banking Supervision. It is now extended and partially superseded by Basel III.
The Office of Thrift Supervision (OTS) was a United States federal agency under the Department of the Treasury that chartered, supervised, and regulated all federally chartered and state-chartered savings banks and savings and loans associations. It was created in 1989 as a renamed version of the Federal Home Loan Bank Board, another federal agency. Like other U.S. federal bank regulators, it was paid by the banks it regulated. The OTS was initially seen as an aggressive regulator, but was later lax. Declining revenues and staff led the OTS to market itself to companies as a lax regulator in order to get revenue.
The Federal Financial Institutions Examination Council (FFIEC) is a formal U.S. government interagency body composed of five banking regulators that is "empowered to prescribe uniform principles, standards, and report forms to promote uniformity in the supervision of financial institutions". It also oversees real estate appraisal in the United States. Its regulations are contained in title 12 of the Code of Federal Regulations.
The Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (FIRREA), is a United States federal law enacted in the wake of the savings and loan crisis of the 1980s.
The Federal Housing Finance Board (FHFB) was an independent agency of the United States government established in 1989 in the aftermath of the savings and loan crisis to take over management of the Federal Home Loan Banks from the Federal Home Loan Bank Board (FHLBB), and was superseded by the Federal Housing Finance Agency (FHFA) in 2008.
The Senate Banking Subcommittee on Financial Institutions and Consumer Protection is one of five subcommittees within the Senate Committee on Banking, Housing, and Urban Affairs.
The CAMELS rating is a supervisory rating system originally developed in the U.S. to classify a bank's overall condition. It is applied to every bank and credit union in the U.S. and is also implemented outside the U.S. by various banking supervisory regulators.
Bank regulation in the United States is highly fragmented compared with other G10 countries, where most countries have only one bank regulator. In the U.S., banking is regulated at both the federal and state level. Depending on the type of charter a banking organization has and on its organizational structure, it may be subject to numerous federal and state banking regulations. Apart from the bank regulatory agencies the U.S. maintains separate securities, commodities, and insurance regulatory agencies at the federal and state level, unlike Japan and the United Kingdom. Bank examiners are generally employed to supervise banks and to ensure compliance with regulations.
Thomas James Curry is an American government official who served as the 30th Comptroller of the Currency of the United States from April 9, 2012, until May 5, 2017. Prior to becoming Comptroller of the Currency, Curry served as a Director of the Federal Deposit Insurance Corporation (FDIC) and as the chairman of the NeighborWorks America Board of Directors. He was born in Greenwich, Connecticut and raised in Stamford, Connecticut.
In banking, the Allowance for Loan and Lease Losses (ALLL), formerly known as the reserve for bad debts, is a calculated reserve that financial institutions establish in relation to the estimated credit risk within the institution's assets. This credit risk represents the charge-offs that will most likely be realized against an institution's operating income as of the financial statement end date. This reserve reduces the book value of the institution's loans and leases to the amount that the institution reasonably expects to collect.
Joseph M. Otting is an American businessman and government official. He served as the 31st Comptroller of the Currency from November 27, 2017 to May 29, 2020.
Keith A. Noreika is an American lawyer who specializes in the regulation of financial institutions. He served as Acting Comptroller of the Currency from May 5, 2017, to November 27, 2017, following the 30th Comptroller of the Currency, Thomas J. Curry, and preceding the 31st Comptroller of the Currency, Joseph Otting. Noreika rejoined the law firm of Simpson Thacher on January 8, 2018. He joined Patomak Global Partners as Executive Vice President and Chairman of its Banking Supervision and Regulation Group on July 5, 2022.
Brian P. Brooks is an American lawyer, banker, entrepreneur, technologist, and former government official. He served as Acting Comptroller of the Currency from May 29, 2020, succeeding the 31st Comptroller of the Currency Joseph Otting, until January 14, 2021. Brooks was nominated twice by President Donald Trump for a five-year term as Comptroller of the Currency, once during the 116th Congress, and once in the 117th Congress.
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