“Ethics” is a code of behavior that is the distinction
between „good or bad‟; ‟correct or incorrect; „moral or
immoral‟; „fair and unfair‟ and so on. Ethical and unethical issues In practical situations, it is not always easy to determine whether a particular issue is ethical or unethical. Value is the factor that distinguishes an action as ethical or unethical. Ethical and Unethical Practices There are many reasons for unethical practices: – Conflict of interest – Incentives – Unreasonable targets – Decision making – Weak control systems – Unhealthy competition – Discrimination etc. While ethical practices would ensure better and conducive climate in work place. Ethical aspect in Banks A sound financial policy and effective management control, is very important for good corporate governance. Many unethical practices noticed in the area of financial management of a Bank and are putting pressures on the regulators and governments which affect both internal and external stakeholders. Unethical issues in banks Money laundering, investment fraud, toxic loans, banking laws violation are some of the broader corporate unethical practices perpetrated by the commercial banks. Concealment of facts: Conceal the (real) financial position and replace it with unrealistic one. Money laundering activities: This is not only unethical but also criminal and illegal. These activities include conversion of illegal money into legal money, using the banks as channels. Banking law violations such as, not declaring deposits in excess of stipulated amounts is guilty of banking law violations. Misappropriation and diversion of funds: Many corporates get avail of loans and do not use the funds for the purpose the loan was availed of, but divert the funds for other activities. Such as: A manufacturing company avails of working capital finance for production purpose. However, the funds are not used for production of the goods. Those funds in many cases diverted to real estate sector and/or capital markets to earn higher returns. Though the repayment of the loan is on schedule, these activities of the company are unethical on account of misappropriation of funds. Lack of internal control: Due to weak internal controls at appropriate levels, sometimes loans become nonperforming assets. Unethical practices like corruption, diversion and misappropriation of funds, loans granted against collateral which are of inferior quality, lesser value, etc., not only affect the performance of the banks but also increases the levels of nonperforming assets. Noncompliance of regulatory and legal frame work: Banks face many compliance issues, by not following the rules and regulations. Non-compliances have created avenues for conversion of black money to legal money through banking channels, and made banks not only to face embarrassment but also reputational risks. Unethical practices in HRM and marketing management Ethics are very important in HRM AND Marketing management. If we talk about unethical practices in HRM first one is; Lack of Transparency: Transparency is one of the important ethical aspects in HRM but lack of transparency is the unethical aspects. Lack of openness in interpretation, decision making and communication, promotion process etc. would de-motivate the employees. Internal Stakeholders – Employees are important internal stakeholders who are dealt with highly ethical practices for all-round progress of the institution. But –– Discrimination – Empathy are the unethical practices of internal stakeholders. Unethical practices in marketing management; the father of marketing Philip Kotler introduced 4ps/marketing mix; product, price, place, promotion, unethical issues concerning these “4Ps. Product: Product can be goods or services that one party offer to another. In case of a bank, its product is services. If a bank offers higher interest on a deposit and suddenly stops offering on that deposit products without any prior notice, then this could be unethical practice. Similarly if a bank offers value additions for the new loan customers but not for existing loan customers could be unethical by the existing customers. Price: is any charge of product or services. If A bank, immediately increases the interest rates for loan accounts of the existing borrowers, then it is considered as unethical. Place: “Place” is the link between the customer and producer, through appropriate delivery channels.in cage of a bank “place” represents their delivery channel. • If a branch of a bank is relocated to another area without sufficient notice and time then this would be Unethical practices. Promotion: is reaching out to the customers through effective network channel that means Advertisements. • Misleading advertisements to attract the client and Unsolicited telephone calls, e mails, and thereby inconveniencing the clients. Corporate Governance In Banking Banks play an important role in the economic development of a nation. Banks also act as trustees of the funds of the depositors. Banks should have good Corporate Governance which complying with legal and regulatory requirements. Good governance facilitates effective management and control of business, enables the Banks to maintain a high level of business ethics and to provide value additions to all their stakeholders. Objectives of Corporate Governance In Banking 1. To protect and enhance shareholder value 2. To protect the interest of all other stakeholders such as customers, employees and society at large. 3. To ensure transparency and integrity in communication and to make available, accurate and clear information to all concerned parties. 4. To ensure accountability for performance and customer service and to achieve excellence at all levels. Role of the Board of Directors The Bank’s Board of Directors should provide effective leadership and insights in business and functional areas. They also should monitor Bank’s performance. Setting up of a framework of strategic control and continuously reviewing its efficacy. Implementation, review and monitoring the integrity of its business and control mechanisms. (iv) Overseeing the risk profile. (v) Ensuring expert management and decision-making, internal control. (vi) Maximizing the interests of its stakeholders. Role of the CEO CEO have the responsibility of executive management and are accountable to the Board for the ultimate performance of the Bank and implementation of the policies laid down by the Board. Board Committees Board committees are formed, to assist the Board of Directors to function effectively Committees provide effective professional support like Audit & Accounts, Risk Management, resolution of shareholders‟/Investors‟ grievances, Fraud Review and Control, Review of customer service and redressal of customer grievances, Technology Management and Payment of Incentives to Executive Directors. The Remuneration Committee approves, once in a year, payment of incentives to whole-time Directors, based on Govt. of Bangladesh guidelines, Audit Committee (AC) Functions of Audit Committee: (a) Audit Committee provides direction and also oversees the operation of the total audit function in the Bank. (b) Audit Committee also appoints Statutory Auditors of the Bank and reviews their performance from time to time. (c) Ensures transparency by reviewing bank’s financials, Risk Management, IS Audit Policies and Accounting policies, systems and procedures. (d) Audit Committee also reviews the internal inspection/audit plan and functions in the Bank – the system, its quality and effectiveness in terms of follow- up. This is one of the important committee in organization. This committee is set up for evaluating the performance of Whole Time Directors of the Bank in connection with the payment of incentives, as per the scheme advised by Government of Bangladesh. The remuneration of the whole time Directors and the Sitting Fees paid to the Non- Executive Directors for attending the meetings of the Board/Committees of the Board are as prescribed by GOB from time to time. BASEL COMMITTEE RECOMENDATIONS The Basel Committee guidance provides a foundation for sound corporate governance practices for various banking system across countries. The guidance is divided into four major sections (i) Overview of corporate governance in banks (ii) Sound corporate governance principles (iii) Role of supervisors and (iv)Promotion of an environment to support sound corporate governance.