Ethics in Banking Sector
Ethics in Banking Sector
Ethics in Banking Sector
Banking business is based absolutely on trust. Sir John Hicks (1969, 78) in his
Theory of Economic History used the term trust twice in the same sentence to
explain the emergence of banking: “Here the loan is given to an intermediary (one
of those who is trusted by prime lender) in order that he should relend to those
whom he trusts”. Trust is a relationship of mutual reliance. Usually, trust is placed
on those who are expected to be ethical in their activities and thoughts. Trust
creates a social environment of mutual cooperation. The unbroken honoring of trust
generates more mutual dependence and confidence in each other while breach of
trust creates an environment of uncertainty and suspicion. As a result, the shocks
resulting from loss of confidence in a financial institution are not usually confined to
that particular institution only. By triggering panic, the contagion effects of such
incidents may pose a threat to entire financial system. Banks, the citadels of material
wealth, are, therefore, highly fragile without solid ethical foundation.
Normative Ethical Theories
Ethics is usually defined as “the branch of philosophy that is concerned with what is
morally good and bad, right and wrong, a synonym for it is moral philosophy”
(Encyclopedia Britannica, 6,976). However, there is no unanimity on how to
define and operationalize moral principles like good or bad and right or wrong.
Broadly speaking there are three approaches to normative ethical .There are:
1. Virtue ethics
2. Deontology or deontological ethics
3. Consequentialism
The roots of Virtue ethics lie in the ancient Greek Philosophy, particularly in the
works of plato and Aristotle. According to this View, goodness or righteousness is an
attribute of the individual .The acts are not judged by rules or consequences for
example, lying is always wrong even. If lying in a particular case may be
beneficial.Vitue is not therefore, relevant to artificial person like banks, which are
joint stock companies with limited liabilities of owners. Though in reality natural
persons like the members of Board of directors and top managers run banks, legally
a corporate veil shields them. Of late, the courts have pierced in significant ways the
corporate veil that treats corporations as totally separate from shareholders. These
decisions of the courts in industrial counties treat the rights or duties of a
corporation as the rights or liabilities of its shareholders and directors.
Ethics in Banking sector
The second normative ethical approach is known as deontology or deontological
ethics. The term deontology is derived from the Greek word deon, which implies
‘obligation’ or ‘duty’. Deontology is described as ‘duty’, ‘obligation’ and ‘rule’ based
ethics. It is concerned with the goodness and rightness of an act. The act is right if it
is prescribed by rules as duty or obligation, even if it produces a bad consequence
Because of its several limitations, deontology cannot serve as a satisfactory ethical
foundation of the banking system. First, deontology believes in the unconditional
and absolute primacy of moral laws and rules out any choice between two wrongs.
In real life, there may be a choice between lesser and greater wrongs.
The third normative approach in ethics is known as a Consequential ism. It
postulates that the only way to assess the morality of a particular action is to judge
its consequences. In other words, it suggests that ends justify the means. An act per
se is not right or wrong; consequences of a particular action make it right or wrong.
From the operational point of view, there are several advantages of this approach.
First, it gives us an opportunity to choose the best course of action by comparing
possible outcomes. The best course of action is the one that produces greatest
happiness to maximum number of people. Secondly, consequences could be used as
yardsticks of rightness not only for personal decisions but also for public actions.
The Fundamentals of Realizable Ethics in Banking
None of the conventional normative approaches can provide an adequate basis for
ethics in banking though each one of them furnishes useful guidance. Ethics in
banking should be eclectic, broad and realizable. From the operational point of view,
it is essential to specify four fundamentals of ethics in banking:
(1) Why (2) Who (3) What, and (4) How?
Why?
Broadly speaking: there are three justifications for emphasis on ethics in banking
operations:
Corporate
Collective
Personal
Corporate ethics
Though a bank is an artificial entity, it cannot be absolved from ethical
responsibilities. A bank interacts with natural persons. But the ethical responsibilities
of banks are not confined to their corporate entities only. Persons who run banks
also share them to a large extent. They are individually and jointly responsible.
Collective ethics
The doctrine of collective ethics highlights the joint responsibility of the members of
the Board of Directors and the top management that runs the banks. However,
banks are highly regulated institutions. In many cases, the commissions and
omissions of regulators of banks may contribute to unethical acts. In that case, the
regulators should also be held liable for breach of ethics.
Personal ethics
Ideally, personal ethics involves adherence to ethical principles and norms by all
stakeholders in a bank. Such stakeholders may be divided into two categories: direct
and indirect. The direct stakeholders include all employees, from a director to
doorman. The indirect stakeholders comprise the depositors, creditors and others
having any transaction with the bank. The indirect stakeholders may not always be
ethical. It is the responsibility of direct stakeholders to screen out unethical indirect
stakeholders. It is, therefore, sufficient to ensure compliance of ethical
responsibilities by direct stakeholders.
What?
Broadly speaking, there are two ways of defining the content of ethics: holistic or
totalist and minimalist. Holistic ethics has two important features. First, holistic
ethics assumes the unity and integral wholeness of all people and all nature. All
people include present and all future generations and the term nature is used in the
widest sense. Secondly, according to holistic ethics, acts are not performed merely
for compliance with law, precedence and social norms but with a sense of doing
good freely. There are two extreme views on the ethical duties of a bank. According
to the conventional view, a bank is a profit-making institution, which is subject to
certain extra-responsibilities prescribed by law. The intellectual foundation of this
view is rooted in Milton Friedman’s exposition of corporate social responsibility. “I
have said ” argued Milton Friedman, “that there is one and only one social
responsibility of business, – to use its resources and engage in activities designed to
increase its profits, so long as it stays within the rules of the game, which is to say,
engages in open and free competition without deception or fraud”. The rules of the
game in the market economy are embodied in laws. Banking laws are designed
mainly to protect depositors; they are indifferent to considerations of equity,
fairness, and justice. C J. Cowton (2002) made an attempt to combine the ethical
obligations of conventional and ethical banks under three categories: (1) banking on
integrity, (2) lending with responsibility, and (3) affinity. Integrity is needed in
banking to generate the trust that is essential for financial system to survive and
thrive. The banks should lend their funds responsibly so that risks to banks are
minimized. Banking on integrity and lending with responsibility are not only moral
obligations of banks but also their legal duties .From the ethical point of view, the
duties of banks can be divided into two categories: primary and secondary. The
primary ethical compulsion of a bank is to ensure safe financial intermediation by
protecting deposits and lending with due caution The secondary ethical obligation of
a bank may be defined in terms of Amartya Sen’s theory of justice. Sen argues that
it is not possible to define justice. However, inability to define justice cannot be the
excuse for the continuance of “manifest injustice” Following Sen, the secondary
ethical responsibility of banks may be defined as the “reduction of manifest
injustice.Nonetheless, it is possible to identify ethical deficiencies that may be
reasonably defined as “manifest injustice”. The following is an illustrative list:
Lending too much to too few. It is risky because if large borrowers fail, the
bank itself will be threatened. This also contributes to make the rich richer and the
poor poorer. Often, such lending results in ‘relational capitalism’ where business
conglomerates with the help of financial institutions monopolize the market and
dominate the entire economy.
Lending too little to the poor. This denies the basic rights of the poor and is,
therefore, morally unacceptable.
Taking too much risk. The higher the risk, the higher the return. On the other
hand, higher risk is a threat to depositors.
Participating in business, which knowingly causes environmental degradation
Lack of affirmative policies for the weak, deprived and disabled. This involves
a change in mind-set. It is not correct to assume that the poor and disadvantaged
persons are less responsible than others.
Ensuring highest ethical standards by owners and employees in the banks.
This is at the same time an individual as well as a collective responsibility.
How?
Ethical duties can be enforced in three ways. First, in many cases, ethical obligations
are imposed by the society in the form of laws, rules, regulations and moral suasion
of central banks. The advantage of legislation is that the responsibility of enforcing
ethical duties is taken over by the State and its organs. As legal restrictions are
imposed from outside, many banks may try to evade the law by finding loopholes or
cheating the regulators. Too much legislation numbs the individual sense of
responsibility.
Secondly, ethical guidelines may be prescribed by Codes of Conduct adopted by a
bank individually or by an association of banks collectively. Such codes of conduct
are useful in specifying the ethical issues, which are not covered by laws. However,
the enforcement of such codes of conduct lies with banks.
Finally, laws and codes are not enough; they must be supplemented by the voice of
conscience. Individuals in banks enforce laws and codes. The ultimate ethical
responsibility lies, therefore, with the persons who run the banks.No single
instrument is sufficient for the enforcement of ethics in banks.
Internal Ethical Culture:
Internal ethical challenges in banks are no less formidable than external threats.
Internal ethical challenges in banks arise at two levels:
1. a) Honesty
Banks, during their operations, stick to the honesty principle in their relations with
their customers, employees, shareholders, group companies and with other banks,
organizations and companies.
b) Impartiality
Banks should make no discrimination and should avoid all forms of bias in their
attitudes towards their employees as well as to their customers. Banks should not
make any discrimination towards their customers based on their nationality, religion,
financial and social standing, and gender during their service.
1. c) Reliability
Banks should offer clear, comprehensible and correct information to their customers
within the principle of reciprocal trust during their entire services and transactions;
and they should provide the customer services in a timely and complete manner.
1. d) Transparency
Banks should inform their customers in an open, easily understandable and clear
way regarding the underlying rights and responsibilities, benefits and risks attached
to the products and services offered to them.
Banks should show due diligence to support all kinds of social and cultural activities
in the light of the principle of observing, aside from the profitability, the social
benefit and respect to the environment.
1. g) Insider Trading
Banks should take all measures in order to prevent the use of insider information for
trading purposes.
III. Banks’ Relations with Public Organizations and Institutions
Banks, during their relations with public organizations and institutions, should act in
observance of the principles of honesty, accountability and transparency, and should
show the utmost care for the correct, complete and timely communication of the
information, documents and records the public organizations and institutions may
request from them for supervision and control purposes in accordance with the laws
and regulations.
1. Relations Between Banks
Banks should conform to the following principles in their relations with each other:
Exchange of Information
Banks should carry out all information exchanges between each other on all possible
subjects authorized under the laws and regulations accurately and systematically.
Personal Behaviors
Banks should avoid all kinds of practices and applications that may cause unfair
competition on the employment of the personnel.
Competition
Banks should take the competition as a contest which is in compliance with the laws
and regulations and which helps the individuals make their free economical decisions
from among all banks in the banking industry. Therefore, during all their activities
within the free market economy, all banks should avoid statements and behaviors
that may cause unfair competition, as a requirement, aside from their own interests,
of the following principles and objectives too:
These principles apply also to the statements and behaviors of the banks’ employees
just like the legal personality of the banks. Banks should allow offer/provide benefits
to employees of another bank in the course of offering or rendering their services to
their customers.
Advertisements and Announcements
Banks should act honestly, realistically, and in compliance with legal regulations and
with the general moral principles during their announcements, advertisements and
notices under the publicity and advertising activities regarding their banking products
and services as well as their own financial structures, and they should avoid all acts
and behaviors that may damage the reputation of the banking as a profession.
They should ensure that their announcements, advertisements and notices do not
contain any statements or expressions degrading or humiliating other banks, or the
products and services of other banks.
Banks should observe the following principles in their relations with their customers:
Informing the Customers
Banks provide accurate, complete and timely information to their customers
regarding all kinds of products and services they offer to them in all phases of such
service relationship and on all subjects by also complying with the limitations
stipulated under the laws and regulations.
Secrets of Customers
Banks are obliged to keep confidential and maintain with due diligence all customer
information and documents, and not to show such information and documents to
persons other than the persons and authorities who are explicitly authorized to
request to see them under laws.
Service Quality
Banks should assume the service quality as a precondition of meeting the
requirements and expectations of their customers. They should do their utmost for
the employment of the two fundamental elements of this concept of service quality,
the technological infrastructure, and qualified human resources, in a way to lead to a
continuous improvement and betterment of the service quality.
Banks should offer the same quality and the same level of service to all their
customers. However, differentiating the organizational structure and product range
in accordance with an identified target market, or adopting different approaches to
the customers in different risk groups can not be interpreted as a discrimination or
categorization of the customers.
Customer Complaints
Banks should establish a system in order to respond all and any kinds of questions of
their customers stemming from the services offered, and should accordingly inform
their customers about this system.
They should investigate the causes for the customer complaints, and implement the
measures required for preventing the fair complaints from repeating. They instruct
their employees for the correction and non-repetition of the complained, wrong
practices.
Security
Banks should recognize that the concept of “Security” includes all measures towards
the protection of all and any service mediums of the bank in banking sector against
any adversities, as well as the prevention of all violations that may bear technical
hazards in the services offered to the customers.
They should take all technical and legal measures required for ensuring transaction
security in all service mediums, a requirement further highlighted by newly-
developed services and changing service channels prompted by technological
improvement and electronic banking. They should inform their customers about the
measures they take, and the measures that should be taken by their customers.
1. a) To comply with the applicable laws and regulations during the performance
of their duties,
2. b) To inform their customers about the benefits and risks of the products and
services offered to them,
3. c) To offer unbiased and fair service to their customers receiving the same
services,
4. d) Not to disclose the secrets of their customers and the banks which they
come to learn by virtue of their positions and titles to anyone other than those
persons and authorities who are explicitly authorized under laws,
5. e) Not to cause any loss of reputation of their bank during their works and
attitudes,
6. f) Not to be engaged in any activity that can be classified as “Commercial
Enterprise” or “Merchant Enterprise “,
7. g) Not to behave in contradiction with the principles of justice, integrity,
honesty, reliability and social responsibility,
8. h) To cooperate with other employees for common purposes through building
a courteous and diligent communication during their fulfillment of duties,
ı) Not to use the bank’s assets and resources unproductively and outside the
designated purpose,
1. j) Not to derive any personal benefits both from their own job potentials and
from potentials of their customers by using their positions and titles,
2. k) To refuse all such benefit offers immediately and to inform such offers to
the competent authorities and to their superiors,
3. l) To direct the potential customers mainly and first to their own bank,
4. m) Not to be involved in relations with the customers such as borrowing-
lending, being guarantor and opening common accounts with the customers which
do not correspond with ethical principles,
5. n) Not to accept presents from the current or potential customers, other than
those presents accepted by the bank personnel under the established practices in
the bank,
6. o) To be aware of his accountability regarding the duties assumed during the
performance of the services,
7. p) Not to assume any position in any private and public organization other
than associations, foundations, cooperatives, and similar organizations without the
approval of his bank.
v.SME Financing has been encouraged and minimum 20% of the total portfolio are
required to invest in SME Sector.
Vl. Refinance has been established investment in certain enterprise. For example
financing women entrepreneur is backed by refinance.
Vll. Consideration of large loan / investment and in certain one sector is strongly
discouraged.
Vlll.Rescheduling of habitual defaulter cases, fund diversion cases and other credit
indiscipline case has been prohibited.
Conclusion:
Ethics in banking should not be misconstrued as a nnever-endingjourney for an
unattainable perfect situation. In the spirit of Amartya Sen’s idea of justice, ethics in
banking should be interpreted as continuously evolving compulsions that are
incomplete but realizable. From this perspective, ethics in banking may be divided
into two categories: (1) primary ethical obligation of ensuring the integrity of
financial intermediation, and (2) the secondary ethical obligation of reducing what
Sen (2009) calls ‘manifest injustice’. Some of these manifest injustices arise from the
operations of the banks themselves, such as providing too much credit to too few
rich persons, and too little to too many poor people, taking too much risk with other
people’s money, and provision of finances to businesses that contribute to
environmental degradation and other unethical activities. In banks, ethical
compulsions will have to be enforced at all levels corporate, collective and personal.
The soundness of banks is important not only from ethical point of view but also
from the practical economic angle. Panic in banks is a sure recipe for macro
instability. As a result, the safety of banks can never be left solely at the discretion
of their owners and top management. Elaborate regulations backed by strong
central banks and other supervisory agencies have been established in financial
sector in most countries. This has not at all eliminated the threats of bank runs and
insolvencies. Laws are not enough to reduce risks to banks. The persons behind the
corporate veil should also be made accountable
A survey of ethical problems in banking sector in Bangladesh suggests that both
conventional and alternative financial institutions in Bangladesh are beset by ethical
dilemmas. The insider -lending, political patronage and corruption undermine the
soundness of most conventional banks. On the other hand, many alternative
financial institutions like microcredit and Islamic banks have degenerated into
commercial and cosmetic operations. To ensure the soundness of banks in
Bangladesh, the issues of ethical climate in the country as a whole will have to be
addressed. The major recommendations of this paper punishment for financial
swindles and willful large loan defaults, revamping deposit insurance, improvement
in the quality of directors in banks by specifying more stringent qualifications and
making members of political parties ineligible for bank boards. The CAMELS ratings
of Bangladesh Bank should be published. Code of Conduct should be laid down for
bank employees and mechanism for attending to customer complaints should be
strengthened. In fire the existing laws, rules and guidelines should be strictly
enforced. Obviously, ethical compulsions of Bangladeshi banks are not fixed; they
would undergo metamorphosis in response to demands of time. The ethical
dimensions of banking operations in Bangladesh should be continuously monitored
by the Central Bank, banks themselves, academicians, researchers and civil society,
The important thing is not to compile a complete catalog of what needs to be done
but to initiate prompt and effective action in areas where something could be done