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Insurance no longer possible for BEAR banks

25 September 2017 4:45PM
An ADI "must not take out insurance against the consequences of breaching the BEAR for itself or an accountable person," the government is planning to dictate.This will leave the net wealth of all directors of all ADIs on the line.And there are only four days left to have your say, or so reads the 'snap to it' headline on the Treasury website this morning.The Banking Executive Accountability Regime (BEAR) will soon be law. Treasury slipped out the draft bill on Friday.The bill spells out new accountability, remuneration and key personnel obligations, and "an ADI must comply with its BEAR obligations."BEAR is the highlight of an overload of sector reforms in Scott Morrison's 2017 budget.The overview used by Treasury is that the Treasury Laws Amendment (Banking Executive Accountability and Related Measures) Bill 2017 "provides further clarity on the accountability obligations of banks and their directors and senior executives, and enhanced consequences for being in breach of these obligations."Measures include: An accountability statement for each accountable person and an accountability map for each ADI group. The maps will "clearly allocate responsibilities throughout the ADI group." An ADI must defer a proportion of the remuneration of an accountable person for a period of four years. The proportion to be deferred depends on the size of the ADI. There is at least one sop to industry unease, since "the Bill uses both high level principles as well as prescribed detail."If an ADI breaches its BEAR obligations, "significant civil penalties may be imposed by a court."APRA may seek civil penalties of up to one million penalty units where an ADI breaches the obligations under BEAR. APRA may disqualify an 'accountable person' for breaching the obligations of BEAR.

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