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To describe how the role of the compliance function and the compliance officer originated in the UK, how it has evolved over the past 20 years, how boundaries are defined for the compliance function's areas of responsibility, and how the compliance function is expected to change over the next few years.

Begins with a background on how the compliance function originated with securities laws in the 1930s in the USA and the Financial Services Bill in the UK in 1985, describes how compliance officers were first designated, describes how the Financial Services and Markets Act (FSMA) of 2000 began to require statutory as opposed to self regulation, discusses the increasing importance of Training & Competence (T&C) among compliance responsibilities along with the role of the human resources function in T&C, outlines the role of the compliance function in the prevention and detection of money laundering and fraud, details other areas of responsibility such as data protection and health and safety that may be found in some compliance departments, and discusses the Markets in Financial Instruments Directive (MiFID) requirement that the compliance function be separate from the internal audit and risk functions.

The compliance function is going through a process of radical change with widening responsibilities, having evolved from something of a back‐room technical role to become a strategic, forward‐facing management function that has the ear of the board and senior executive. Except for the lack of requirement to pass a professional examination, the compliance function has many of the attributes of a profession. Compliance is now a well remunerated occupation that attracts recruits from other professions such as law and accountancy as well as straight from university. One increasing problem is the growing cost of compliance, which is unlikely to lessen with the increasing impact of MiFID over the next few years.

Provides a view of how the compliance function has evolved and is expected to keep changing from the standpoint of an experienced consultant.

In most industries, legal entities of a certain size and complexity must have a compliance function. Such requirement is either set forth by regulatory law or the governance rules of the relevant organisation. In the highly regulated credit industry, the role and responsibilities of the compliance function are more precisely defined than in other industries. This paper aims to analyse the personal accountability of senior compliance officers in a bank’s compliance function when there is a failure of proper compliance.

This paper is based on a keynote addressed at Jesus College, University of Cambridge, 7 September 2016. The author approaches the issue of senior compliance management by analysing development of international financial regulation with respect to legal requirements for compliance function. Subsequently, the author determines what constitutes senior compliance management and applies the various legal regimes to situations of compliance failures.

While the accountability of the chief compliance officer and deputy for compliance failures is not set forth in regulatory law, courts and scholars have acknowledged such personal responsibility exists resorting to principles of civil law (contracts or torts), criminal law or employment law. Approaches and questions for this legal analysis are similar in a civil law as well as in common law jurisdiction. The most relevant breach of contract of the chief compliance officer will be an omission to act (forbearance), i.e. the failure to properly organize the compliance function and/or to immediately report a compliance risk to the board.

Scholarly work in the law of compliance is still somewhat limited, thus the research also includes practitioners’ observations. The accountability of senior compliance management for compliance failures represents a growing trend in corporate governance to seek individual accountability for corporate misconduct; see, for example, US Department of Justice (DOJ) in its so-called Yates memorandum on “individual accountability for corporate wrongdoing”.

In incidents of non-compliance, banks and their compliance officers should be able to exculpate themselves if they can demonstrate proper organization of the compliance function.

The originality of this general review is to focus the analysis of accountability of senior compliance management on the credit industry and to consider latest developments in international financial regulation, such as the supervisory review and evaluation process (SREP) by the European Central Bank (ECB) in the single supervisory mechanism (SSM) or the corporate governance principles for banks by the Basel Committee on Banking Supervision (BCBS).

The 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.

The 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.

The 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.

The 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.

The authors' paper aims to examine the organizational issues that come from the recent establishment of the compliance function in Italian banks.

The authors' paper takes as a starting point the Bank of Italy's regulations and the existing literature on compliance, in order to create a theoretical model of an efficient internal control system.

For each organizational structure of compliance, the authors' paper describes strengths and weakness. It also outlines the scopes of compliance and internal audit in order to avoid overlaps. Having regard to the similarities between operational risk and compliance risk, the study identifies cooperation areas so as to achieve synergies, in terms of costs, and a better operational efficiency.

The authors' paper focuses mainly on the relationship between compliance, on one side, and internal audit and risk management on the other. It focuses also on the positioning of compliance within the internal control system, as it has been regulated by the Italian disposals. Further research could concern the relationship with other functions and the regulations of other countries.

The authors' paper identifies cooperation forms between the internal control system functions. This is the way to suggest organizational solutions able to improve banking efficiency.

This subject has not been analyzed in depth to date. This article attempts to obtain an identification of the roles and responsibilities of the main functions involved in the internal controls system, in order to define organizational models characterized by complementarity of interventions and thus oriented towards the objectives of effectiveness and efficiency.

This paper aims to analyze the role of compliance in Italian banking system and to verify its efficiency in terms of protection of stability and credibility of financial institutions, comparing solutions adopted in other European countries.

The research uses a comparative approach by examining the different solutions adopted in other European countries for finding analogies and differences between them.

The research has discovered a smaller development of Compliance Function in Italian banks, whose compliance risk frameworks are often still in an experimental stage rather than in other systems banks.

A uniform model in the structure of financial institutions can be adopted to enforce the effectiveness of national regulations.

To ensure the independence and effectiveness of the Compliance Function, the financial institutions, especially the Italian ones, must pay great attention to the essential elements for good practices, such as a clearly defined apportionment of responsibilities and unambiguous reporting.

The compliance culture must successfully reinforce itself in Italian firms, and for this purpose, it is necessary to persuade senior management that compliance is not a cost that should be minimized.

The Italian regulatory framework concerning the Compliance Function has represented a challenge for the banking industry, which should undergo a reorganization process focused on a different way of allocating responsibilities, so different solutions to the problem can be found by national legislators who need to be coordinated at an international level.

The objective of this paper is to highlight the results of a survey on compliance practices in Italian financial institutions (Italian banks and branches in Italy of foreign banks).

The survey is carried out through a structured questionnaire, arranged into several sections: general information on the definition and framework of compliance risk, organizational structure, reporting, culture, purpose and tasks of the compliance staff, assessment of the compliance staff performance and of the risk. The survey is mainly developed on two issues: organizational and risk assessment implications.

It is found that many survey participants are responding positively to regulation developments, since there is a widespread recognition of compliance as a key element for creating value and improving reputation. It is also found that the Italian banks surveyed, whose compliance activities have been usually performed by internal audit, dedicate less attention to compliance matters in comparison with the branches of foreign banks. The institutions interviewed underline the need to have clear guidelines from supervisory authorities, so that they can achieve an effective and efficient management of compliance risk.

This subject has not been analyzed in depth to date. This paper provides a representative view of the management of compliance risk in Italian banks, thanks to the variety of the issues under observation and the size of the sample.

The purpose of this paper is twofold: first, the paper will map Belgian compliance officers' practices and challenges, and second, it makes an attempt to assess the effectiveness of their input in the anti‐money laundering (AML) chain in Belgium: what are actual results of the fight against money laundering?

The research starts from a criminological point of view, studying the preventive AML‐policy by focusing on the compliance function in banks. In order to study this preventive approach more concretely, a survey was sent to Belgian compliance officers, asking about their practices. Second, the available statistics on 13 years of AML in Belgium were studied.

The function of compliance officer implies a number of challenges or “growing pains”; problematic access to information, lack of feedback from the authorities, limited investigative means. Furthermore, although the investments of private organisations in AML have been substantial, the outcome of the AML chain seems modest.

This paper reflects the first phase of an on‐going research (2006‐2009). The results presented here are therefore preliminary.

Belgium implemented a regulatory framework in 2001, obliging the installment of a compliance function within banks. The value of this research lies in the fact that this booming professional group has never been subject of research before, even though they play a crucial role in AML in particular and crime fighting in general. It is therefore of great importance to study compliance officers' views, practices, and opinions in order to get a grip on this new type of “policing”.

To discuss the scope and limits of the compliance department's responsibilities in securities firms.

Describes the background to establishing stand‐alone compliance departments; the organizational structure of compliance departments; typical compliance functions; how the compliance department coordinates with business units, senior management, internal audit, and risk management; the distinction between a firm's responsibility to comply with applicable laws and regulations and the role of the compliance department; the distinctions between responsibilities of the compliance department and those of supervisors and senior management; and emerging regulatory trends impacting the compliance department.

New business activities and new regulations have placed increased demands on, and scrutiny of, compliance activities over the past few years. Regulators are looking to compliance departments to play an increasingly important role in identifying proactively and responding to potential wrongdoing.

Explains the critical importance of a well staffed, experienced, and adequately funded compliance department.

The study aims to analyse the role of digitisation in accounting in enhancing the overall effectiveness of accounting functions. To achieve this, the study provides empirical evidence from the stakeholder’s perspective of digitisation of accounting, auditing, reporting and regulatory compliance procedures.

The study has applied a quantitative approach to identify the thoughts of auditors, accountants and academicians on the impact of digitalised accounting applications on accounting functions. The data was collected by administering an empirical study and a sample of 482 professionals from the accounting, auditing and academic sectors. To analyse and interpret data descriptive statistics, structured equation modelling and mediation analysis has been used.

The finding of the study signifies the relevance of digitalised accounting applications in accounting functions and reveals that there is a significant impact of digitalisation on accounting, auditing, reporting and regulatory compliance aspects of accounting functions. The outcome of the study explores that a digitalised accounting system reduces possible errors and improves the accuracy and transparency of the system.

The study highlighted the importance of developing new methods and techniques that can be used in practice. This indirectly advocates the inclusion of such concepts in accounting curricula to emphasise the need to understand the challenges and opportunities created by digitisation. Furthermore, the study will become a motivation to scholars who intend to explore different areas through which new technologies can be adopted to transform traditional accounting systems.

The contributions of the current study have implications that the adoption of digitised accounting enhances economic efficiency through a reduction in accounting costs, and enhanced accuracy that leads to the elimination of penalties and litigations for non-compliance with regulatory authorities. This indirectly impacts positively on the financial health of the business organisations and economies at large. This implication becomes greater evidential support to the organisations which are yet to plan the adoption and implementation of digital tools in their organisation for accounting functions.

Digitalisation is a relevant part of the accounting function to improve efficiency and accuracy. Since accounting and auditing practitioners struggle to control the accuracy and efficiency of transactions. Furthermore, the outcome of the study assists organisations in gaining real-time access to financial data, transforms workflows and empowers management to make timely informed sound decisions, optimise resource allocation, efficient regulatory compliance and so on.

The Anti-Money Laundering and Counter Financing of Terrorism (AML/CFT) Thematic Review of Banking & Insurance sectors conducted by Bank Negara Malaysia (BNM) in 2013 indicated that oversight functions are still inadequate in the areas of compliance, internal audit, board of directors and senior management. The oversight functions refer to the AML/CFT compliance programme, which financial institutions, including Islamic banks, are obliged to execute as a part of mitigating activities against money laundering and terrorist financing. The main purpose of this chapter is to analyse whether there is any improvement in the oversight functions at the Islamic banks in Malaysia since the release of the thematic review report by BNM on 17 September 2014. This research is important as penalty for non-compliance under Section 22 of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 (AMLATFPUAA) is severe. Section 22 of AMLATFPUAA entails personal responsibility on the compliance officer of an Islamic bank and not the reporting institution as a whole. Qualitative research method via interview is employed to gauge the extent of Islamic banks’ adherence to AML/CFT compliance programme. This chapter is significant as it provides Islamic banks and future researchers with the details of the compliance study as well as the current status of AML/CFT compliance programme within the Islamic banks in Malaysia.