Exam Management: It Doesn’t Have to be an Oxymoron…content.aba.com/briefings/3015075.pdf ·...
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ABA BRIEFING | PARTICIPANT’S GUIDE
Exam Management: It Doesn’t Have
to be an Oxymoron…
Wednesday, October 5, 2016 Eastern Time
2:00 p.m.–3:30 p.m. Central Time
1:00 p.m.–2:30 p.m. Mountain Time
12:00 p.m.–1:30p.m. Pacific Time
11:00 a.m.–12:30 p.m.
American Bankers Association Exam Management: It Doesn’t Have to be an Oxymoron… Wednesday, October 5, 2016 ▪ 2:00 – 3:30 p.m. ET
DISCLAIMER This Briefing will be recorded with permission and is furnished for informational use only. Neither the speakers, contributors nor ABA is engaged in rendering legal nor other expert professional services, for which outside competent professionals should be sought. All statements and opinions contained herein are the sole opinion of the speakers and subject to change without notice. Receipt of this information constitutes your acceptance of these terms and conditions.
COPYRIGHT NOTICE – USE OF ACCESS CREDENTIALS © 2016 by American Bankers Association. All rights reserved. Each registration entitles one registrant a single connection to the Briefing by Internet and/or telephone from one room where an unlimited number of participants can be present. Providing access credentials to another for their use, using access credentials more than once, or any simultaneous or delayed transmission, broadcast, re-transmission or re-broadcast of this event to additional sites/rooms by any means (including but not limited to the use of telephone conference services or a conference bridge, whether external or owned by the registrant) or recording is a violation of U.S. copyright law and is strictly prohibited.
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American Bankers Association Exam Management: It Doesn’t Have to be an Oxymoron… Wednesday, October 5, 2016 ▪ 2:00 – 3:30 p.m. ET
II
Table of Contents
TABLE OF CONTENTS ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II
SPEAKER & ABA STAFF LISTING ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III
SPEAKER BIOGRAPHY ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV
PROGRAM OUTLINE ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . V
CONTINUING EDUCATION CREDITS INFORMATION ... . . . . . . . . . . . . . . . . . . . . . . . . VI
CPA SIGN-IN/SIGN-OUT SHEET ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . VII
INSTRUCTIONS FOR RECEIVING CERTIFICATES OF ATTENDANCE .. VIII
PROGRAM INFORMATION ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ENCLOSED
PLEASE READ ALL ENCLOSED MATERIAL PRIOR TO BRIEFING. THANK YOU.
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American Bankers Association Exam Management: It Doesn’t Have to be an Oxymoron… Wednesday, October 5, 2016 ▪ 2:00 – 3:30 p.m. ET
III
Speaker and ABA Staff Listing
Speakers ELIZABETH M. SNYDER, CRCM Senior Associate, Financial Services Plante Moran 10 South Riverside Plaza, 9th Floor Chicago, IL 60606 (312) 980-3369 Plante Moran | Twitter | Facebook LinkedIn | Blogs STUART J. LEHR, CRCM Head of Regulatory Compliance Finacle, Infosys Limited 17384 Buena Vista Avenue Sonoma, CA, 95476 (314) 471-4158 [email protected]
ABA Briefing Staff CARI HEARN Senior Manager (202) 663-5393 [email protected] LINDA M. SHEPARD Senior Manager (202) 663-5499 [email protected]
American Bankers Association 1120 Connecticut Avenue, NW Washington, DC 20036 www.aba.com
American Bankers Association Exam Management: It Doesn’t Have to be an Oxymoron… Wednesday, October 5, 2016 ▪ 2:00 – 3:30 p.m. ET
IV
Speaker Biographies
ELIZABETH M. SNYDER, CRCM Elizabeth leads Plante Moran’s regulatory compliance team. As a compliance specialist with more than 25 years of banking experience, she provides regulatory compliance and enterprise-wide risk management guidance for financial institutions. Elizabeth thoroughly understands the scope of business risks and the compliance process. Her knowledge of maintaining efficient operations while designing and implementing internal controls, policies, and procedures for complying with applicable local, state, and federal laws and regulations is an invaluable resource for the industry. Elizabeth has held numerous committee positions. She served as a member of the ABA Compliance Administrative Committee – she was Chairperson in 2009-2010. She served as Co-Chair of the ABA Regulatory Compliance Conference Committee in 2010- 2011. Elizabeth is a nationally recognized speaker presenting numerous seminars covering risk management, compliance, and customer service. Prior to joining Plante Moran, she served as Senior VP of Compliance and Risk Management for the Illinois Bankers Association, Executive VP of Risk and Compliance Management for Leaders Bank, VP of Operations at Founders Bank, and she spent nine years as a retail banking manager at Oak Brook Bank. STUART J. LEHR, CRCM Since January 2010, Stuart Lehr has been with Infosys Limited, as an Industry Principal for Finacle, their integrated banking platform core processing system. He is responsible for regulatory compliance related to Finacle. Stu has close to 30 years of experience in building and leading regulatory compliance risk management programs for several large, complex financial institutions including U.S. Bancorp, Union Bank, Washington Mutual, and Wells Fargo & Co. In addition to banking experience, he has also served as the Senior Director for Global Compliance Risk Management for PayPal, Inc. Stu has been active in the industry, primarily through involvement with the American Bankers Association. He has served on (and chaired each) the ABA’s Compliance Executive Committee, the National Regulatory Compliance Conference, and the Advisory Board for ABA’s National Compliance School and Graduate School for Compliance Risk Management. Stu continues with the ABA Compliance Schools as a faculty member. He has received an APEX award for “The Other Side” column which he has been writing for the ABA Bank Compliance magazine for the past seven years. In 2002, Stu was awarded the ABA’s Distinguished Service Award. Stu has a Bachelor of Arts degree in Psychology from Nebraska Wesleyan University, and a juris doctor degree from the University of Nebraska College of Law. It is unclear how he actually stumbled into the compliance field.
American Bankers Association Exam Management: It Doesn’t Have to be an Oxymoron… Wednesday, October 5, 2016 ▪ 2:00 – 3:30 p.m. ET
V
PROGRAM OUTLINE
TIMES SESSION AND SPEAKERS 1:45 – 2:00 p.m. ET
Pre-Seminar Countdown
2:00 – 2:02 p.m.
Welcome and Introduction Speaker Introductions 1Source International
2:02 – 2:35 p.m.
Proper Preparation Elizabeth M. Snyder, CRCM, Plante Moran Affable Attitudes Stuart J. Lehr, CRCM, Finacle, Infosys Limited
2:35 – 2:45 p.m.
Questions & Answers
2:45 – 3:20 p.m.
Disagreeing Diplomatically Elizabeth M. Snyder, CRCM, Plante Moran Other Tactical Techniques for Success Stuart J. Lehr, CRCM, Finacle, Infosys Limited
3:20– 3:30 p.m.
Wrap-up and Final Questions & Answers
American Bankers Association Exam Management: It Doesn’t Have to be an Oxymoron… Wednesday, October 5, 2016 ▪ 2:00 – 3:30 p.m. ET
VI
Continuing Education Credits Information
The Institute of Certified Bankers™ (ICB) is dedicated to promoting the highest standards of performance and ethics within the financial services industry.
The ABA Briefing, “Exam Management: It Doesn’t Have to be an Oxymoron…”
has been approved for 2.0 continuing education credits towards the CRCM designation.
To claim these continuing education credits, ICB members should visit the Member Services page of the ICB
Website at http://www.icbmembers.org/login.aspx. You will need your member ID and password to access your personal information. If you have difficulty accessing the Website and/or do not recall your member ID and
password, please contact ICB at [email protected] or 202-663-5092.
American Bankers Association is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be submitted to the National Registry of CPE Sponsors through its website: www.learningmarket.org.
1.5 CPE credit hours (Business Management & Organization) will be
awarded for attending this group-live Briefing.
Participants eligible to receive CPE credits must sign in and out of the group-live Briefing on the CPA Required Sign-in/Sign-out Sheet included in these handout materials. A CPA/CPE Certificate of
Completion Request Form also must be completed online. See enclosed instructions.
Continuing Legal Education Credits This ABA Briefing is not pre-approved for continuing legal education (CLE) credits. However, it may be possible to work with your state bar to obtain these credits. Many states will approve telephone/ audio programs for CLE credits; some states require proof of attendance and some require application fees. Please contact your state bar for specific requirements and submission instructions.
American Bankers Association Exam Management: It Doesn’t Have to be an Oxymoron… Wednesday, October 5, 2016 ▪ 2:00 – 3:30 p.m. ET
VII
CPA Required Sign-in/Sign-out Sheet
CPAs may receive up to 1.5 hours of Continuing Professional Education (CPE) credit for participating in this group-live Briefing.
INSTRUCTIONS: 1. Each participating CPA must sign-in when he/she enters the room and sign-out when he/she
leaves the room. 2. Name and signature must be legible for validation of attendance purposes as required by NASBA. 3. Unscheduled breaks must be noted in the space provided. 4. Each participating CPA must complete an online CPA/CPE Certificate of Completion Request
Form (instructions found on next page). 5. Individuals who do not complete both forms and submit them to ABA will not receive their
Certificate of Completion.
This CPE Sign In/Out Sheet must be uploaded with the CPE / CPA Request for
Certificate of Completion form in order for the CPA to receive his/her Certificate of Completion.
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UNSCHEDULED BREAKS
American Bankers Association is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be submitted to the National Registry of CPE Sponsors through its website: www.learningmarket.org.
Please note: CPE credits are ONLY awarded to those who have listened to the live broadcast of this Briefing.
American Bankers Association Exam Management: It Doesn’t Have to be an Oxymoron… Wednesday, October 5, 2016 ▪ 2:00 – 3:30 p.m. ET
VIII
Instructions for Receiving Certificates of Completion
CPA/CPE Certificate of Completion
Submission of a sign-in/sign-out sheet AND request for a Certificate of Completion are required for the validation process to be completed.
NASBA requires ABA to validate your attendance in order for
you to receive your Certificate of Completion.
1. COMPLETE a CPA / CPE Certificate of Completion Request Form online at: https://aba.desk.com/customer/portal/emails/new?t=546545
2. SCAN AND UPLOAD the completed CPE / CPA Required Sign-in/Sign-out Sheet (enclosed) and attach it to the REQUEST for CPE/CPA Certificate of Completion form found in Step 1.
3. SUBMIT completed Request Form and Sign-in/out Sheet
4. VALIDATION ABA will VALIDATE your attendance within 10 business days from receipt of Request Form and Sign-in/out Sheet
5. A personalized certificate of completion will be emailed to you once your attendance is validated
6. QUESTIONS about your certificate of completion? Contact us at [email protected].
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3. QUESTIONS about your certificate of completion? Contact us at [email protected].
9/27/2016
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Exam Management:
It Doesn’t Have to Be an Oxymoron
American Bankers Association Briefing/WebinarWednesday, October 5, 20162:00 – 3:30 p.m. ET
aba.com 1-800-BANKERS
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Disclaimer
This Briefing will be recorded with permission and isfurnished for informational use only. Neither the speakers,contributors nor ABA is engaged in rendering legal norother expert professional services, for which outsidecompetent professionals should be sought.
All statements and opinions contained herein are the soleopinion of the speakers and subject to change withoutnotice. Receipt of this information constitutes youracceptance of these terms and conditions.
9/27/2016
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Presenters
Stuart J. Lehr, CRCM, Global Regulatory Compliance, Finacle, Infosys Limited
Elizabeth M. Snyder, CRCM, Senior Associate, Financial Services, Plante Moran
aba.com 1-800-BANKERS
Agenda
• Proper Preparation
• Affable Attitudes
• Disagreeing Diplomatically
• Other Tactical Techniques for Success
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Proper Preparation
Boy Scout Motto Girl Scout Law
Be Prepared…the meaning of the motto is that a scout must prepare himself by previous thinking out and practicing how to act on any accident or emergency so that he is never taken by surprise.
Robert Baden‐Powell
I will do my best to behonest and fair,friendly and helpful,considerate and caring,courageous and strong, andresponsible for what I say and do,and torespect myself and others,respect authorityuse resources wisely,make the world a better place, andBe a sister to every Girl Scout.
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Proper Preparation
Who? What? When?
Where? Why?
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Proper Preparation
• Your primary regulator? – CFPB– OCC– FDIC– Fed– State
• Secondary or other regulator?– (See above list)– FinCEN
• External auditor?• Internal auditor?• Other?
– Department of Justice?– State attorney general?
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Proper Preparation
Fair Lending
CRA
BSA/AML
UDAAP
Vendor
or other
Third Party
Targeted
Transactional testing of
Deposit and Lending
Regulations as applied
The Bank
Evaluating your
Compliance Risk
Management Program
You
What
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Proper Preparation
• Planned periodic exam? (See it coming)• Special announced exam? (Some notice)• Special unannounced exam? (Surprise!)
• Start NOW– If you don’t already have a roadmap for information
retrieval, you’re already late.– Have a plan for the possibility that in completing an
information request you might uncover other issues. (Keep in mind it may need to come from a vendor.)
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Proper Preparation
Onsite at your bank?
Offsite from your bank?
Onsite at your operations center?
Onsite at your vendor?
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Proper Preparation
• It’s simply that your periodic exam is due.• It’s a special exam because of an industry issue focus.• It’s a special exam because of an issue focus on you
in particular.• The agency has received a large number of
complaints on your bank.• The agency has received a large number of
complaints on your vendor.• (Other???)
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Proper Preparation - Groundwork
Goal is strong rapport built on:
Trust
Respect
Credibility
Transparency
Not an adversarial relationship based on
Pattern of non‐compliance
Failure to address issues
Confrontational approach
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Proper Preparation - Communication
• Communicate often
• Be proactive, not reactive• Be open to ideas• Don’t hesitate to initiate communication:
– Change in strategy– Emerging issues– Self-identified issues
• Reach out at industry events
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Proper Preparation - Tailoring
• Consider how preparation needs to accommodate based on:– The size of your bank or entity being examined– The fact it is “indirect” (i.e., a third-party or vendor you use)
• Sometimes the past is prologue:– Do you have a “history” with this agency/entity? (And is it
negative or positive?)– Do you have no history (the good news is that you have a
clean slate, the bad news is that you may not know what to expect)
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Affable Attitudes
Winne
the Pooh
• A little Consideration, a little Thought for Others, makes all the difference.
Irving
Berlin
• Our attitudes control our lives. Attitudes are a secret power working twenty‐four hours a day, for good or bad. It is of paramount importance that we know how to harness and control this great force.
Unknown
• Humor prevents a hardening of the attitudes.
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Affable Attitude: Understand the Examiners’ Perspective
• The role of the examiner is to evaluate:– How the bank identifies its compliance risks;– Soundness of the compliance management system;– How well that system is working to ensure
compliance.
• Purpose of the exam:– Detect possible violations;– Foster strong compliance and risk management;– Monitor risk.
Note: This need to understand applies to not just to the Compliance Officer but to everyone (including executives) in the organization. How do you manage that?
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Affable Attitude: Understand the Examiners’ Perspective
• Different types of examiners:– Checklist questioners;– The Columbo approach.
• Examiners have varying degrees of training and experience.
• Examiners and compliance officers have the same goal – COMPLIANCE WITH THE REGULATIONS.
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Disagreeing Diplomatically
“I don’t have to agree with you to like you or respect you.”
Anthony Bourdain
“A long dispute means that both parties are wrong.”
Voltaire
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Why Do Disagreements Happen?
Misperception by either side of what they were asked or
told.
Wrong facts or incomplete
documentation or data.
Personal opinion or bias of how
something should be done.
Lack of knowledge.Personality clashes.
Differing Perspectives.
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First…is it Really a Disagreement?
• Verify the facts as they have been presented.
• Clarify any misunderstandings and reiterate important information.
• Ask direct questions to understand what is the concern.
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Disagreeing Diplomatically
RulesDon’t come out swinging with the “wrong bat.”
Stay courteousand professional even if tensions
rise.
of Be respectful.Removeemotion.
Engagement Don’t criticize.Aim to “clear the air” rather than
“to win.”
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Thoughtfully Present your Case
• Frame your argument by understanding whether the issue is related to law, a rule, guidance or interpretation.
• Present your understanding of what the issue is, and why you do not agree.
• Present facts and documentation to support why you do not agree.
• If you have a different interpretation from the examiners, demonstrate the reasoning and process behind your conclusion.
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Deliberation Phase…and Beyond
• Give the examiner time to understand your viewpoint.
• Examiners are human and can make mistakes just like compliance officers do.
• Pick your battles – is finding something wrong worth going to battle over it?
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Escalating the Issue
• Bank management – with the board’s support –should question findings and assumptions through proper channels:– Start with the examiner in charge (EIC);– Then work your way through the agency’s established
escalation process;– As a last resort, escalate to the agency’s Ombudsman and
appeals process.
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Other Tactical Techniques for Success
“Great minds discuss ideas; average minds discuss events, small minds
discuss people.”
“I have not failed. I’ve just found 10,000 ways that won’t work.”
“You have to learn the rules of the game. And then you have to play
better than anyone else.”
aba.com 1-800-BANKERS
Do a Technology Controls Review from a Vendor Solution Perspective
Rating Considerations
How easy or practical would this process be without the technology solution?
What level of impact would there be to the business to implement an alternative control?
Is this control critical to mitigate multiple risks? Multiple business lines?
How likely will there be regulator criticism over manual or other non‐system controls at Exam time?
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Dealing with Vendor Vexations (Generally)
• What options do you have when your need is outside of the “four corners” of the contract?– In the short term
• User Group as a bargaining unit?• Professional persuasion?• Pony up the money for Customization
– In the long term• Ensure involvement with the renewal/renegotiation of the next
contract.• Push for reassessment of vendor selection.
aba.com 1-800-BANKERS
“Vendorpendence” during Exams
What about dependency on your vendors for information that is critical during your examination?
• Documentation in their hands that you need ASAP for the examiners?
• Analysis requests of data that only they can run?• Other assistance you need that takes resources on
their side?
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Dealing with Exam Aftermath
Review
Evaluate findings and analyze impacts. What do you need to do? Who needs to know about
it?
Report
Ensure that the right levels know the right
amount. It’s about your assessment, and actions they need to support.
Remediate
Nothing’s worse than finding a problem,
reporting on a problem, and then ignoring the
problem. Someone’s got to fix it.
Revise
Post‐exam is a perfect time to benchmark your program.
You’ve just gotten a scorecard full of KPI’s.
aba.com 1-800-BANKERS
Session Takeaways
Attitude can save you or
sink you.
It’s your choice.
When disputes do inevitably happen.
Play the “long game”
And speaking of game, know the rules and
make the smart play.
Prepare
Prepare
Prepare
Prepare
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TheEnd
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Questions and Answers
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and Press ENTER / SUBMIT.
If you are participating by Phone:Email your Question to: [email protected]
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