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// HOW A BANK WORKSSUPERVISION · WHO WATCHES THE BANK

Who Regulates Banks, and What They Check

A bank is watched from outside by a committee in Basel, a supervisor, a conduct regulator, a central bank and a deposit insurer, and from inside by its board and three lines of its own people. Here is what each one checks, with one constructed bank's capital tested against the global minimum.

BY MICHAEL SHANG · SIXTEEN YEARS IN COMMERCIAL BANKING · UPDATED

// THE SHORT ANSWER

Banks are watched in layers. The Basel Committee writes global standards that have no legal force until a country adopts them. A national prudential supervisor licenses banks and checks their capital, liquidity, governance and stress-test results; a conduct regulator checks how customers are treated; the central bank sets the policy rate and lends to sound banks short of cash; a deposit insurer and a resolution authority handle failure. Auditors, rating agencies, boards and investors watch too. Basel's minimum is 4.5% CET1 plus a 2.5% buffer, 7.0% in all, and national rules are often higher; a bank at 13.0% has 6.0 points of room.

BASIS  Practitioner judgment from sixteen years in commercial banking, set out in How Bankers Think (Highbank Press, 2026). Every borrower on this site is a composite constructed for teaching, not a client. The market is mid-market commercial lending as practised in New Zealand and Australia; where a convention differs elsewhere, the page says so.

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// 01 — THE LAYERS, FROM THE OUTSIDE IN

The standard-setter · writes the global minimums · binds no one until a country adopts them
The prudential supervisor · licensing, capital, liquidity, governance, stress tests · will the bank survive?
The conduct regulator · how customers are treated · is the bank fair?
The central bank · the policy rate, and lending to sound banks short of cash · does the system have cash?
The deposit insurer and the resolution authority · what happens if the bank fails
Outside the state, and inside the bank · the auditor, the rating agencies, the board, the investors; the bank's own three lines

The parts are the same everywhere; who plays them differs. In some countries one body plays several — in New Zealand the central bank is also the prudential supervisor and runs the deposit compensation scheme — and in others each part has its own agency. A reader who knows the parts can find their way round any country's system in an afternoon.

// 02 — THE STANDARD-SETTER, AND THE SUPERVISOR

The Basel Committee on Banking Supervision writes the international standards for bank capital, liquidity and supervision; its mandate is to strengthen the regulation, supervision and practices of banks worldwide. Its own charter is plain about its limits: it has no formal supranational authority, and its decisions have no legal force. Its members commit to implement the standards at home, and a standard binds a bank only when a national regulator writes it into its own rules.

The prudential supervisor is the one with the powers. It licenses a bank before it may take deposits from the public. It sets and checks the capital the bank must hold against its risk-weighted assets, the liquid assets it must keep against its funding leaving, and the governance around both: who sits on the board, what the board approves, what the risk function may stop. It inspects, asks for data, and stress-tests the bank against a severe recession to see whether its capital would survive one — the Federal Reserve, for instance, runs such a test every year for the largest US banking groups. And it can ask for more than the minimum: the Basel standards themselves expect supervisors to want banks operating above it, and to be able to require it.

// 03 — THE CAPITAL TEST, WORKED

Take the bank constructed for the other pages in this order: US$6.0bn of risk-weighted assets, and US$780m of common equity Tier 1 capital — its US$1.0bn of shareholders' equity, less US$220m of intangibles and the dividend it has declared, which do not count.

CET1 ratio 780 ÷ 6,000 = 13.0%
Basel minimum CET1 4.5% × 6,000 = 270
Capital conservation buffer 2.5% × 6,000 = 150
Minimum plus buffer 7.0% × 6,000 = 420
Room above the buffer 780 − 420 = 360 (6.0 points)
Total capital (780 CET1 + 120 Tier 2) ÷ 6,000 = 15.0% against a minimum of 8.0%

The 4.5% is a floor the bank must stay above at all times. The 2.5% above it is a buffer, built in good years to be drawn on in bad ones, and it works differently. A bank whose CET1 ratio falls inside the buffer may go on lending and operating as normal, but it is limited in what it may pay out — dividends, share buybacks, discretionary bonuses to staff — and the limits tighten the closer it comes to 4.5%. For the constructed bank that line is US$360m of losses away, beyond whatever a year's earnings absorb first; When a Loan Goes Bad follows one loss to it.

These are the Basel numbers, and they are minimums. The same standards let a country add a countercyclical buffer of up to 2.5% when credit is growing too fast, and add surcharges for its most systemically important banks. National regulators set their own requirements, often higher than Basel's, and each publishes its own; this page prints none of them. The constructed bank's 13.0% is a constructed number, not a target.

// 04 — CONDUCT, THE CENTRAL BANK, AND THE SAFETY NET

The prudential supervisor asks whether the bank will survive. The conduct regulator asks how it treats the people it deals with: whether products are sold fairly, fees disclosed, complaints handled, customers in difficulty dealt with as the rules require. A well-capitalised bank can still overcharge its customers, so the two questions are kept apart, and many countries give them to two different bodies.

The central bank sets the policy rate, which How an Interest Rate Change Reaches You follows to a loan and a savings account. It is also the lender of last resort: in a squeeze it lends to banks that are sound but short of cash, against collateral, so that a bank with good assets is not forced to sell them in a hurry to meet its withdrawals.

Last comes the safety net. A deposit insurer pays out insured deposits up to a limit if a bank fails, and a resolution authority — sometimes the same body — takes control of a failing bank so that it fails in an orderly way. The limits differ by country; Is My Money Safe in a Bank? sets them out.

// 05 — FOUR COUNTRIES, THE SAME PARTS

New Zealand. The Reserve Bank of New Zealand is the central bank, sets the official cash rate, and is the prudential regulator and supervisor of banks. The Deposit Takers Act 2023 replaces the Banking (Prudential Supervision) Act 1989 and the Non-bank Deposit Takers Act 2013 with a single regime for banks and other deposit takers; it comes into full effect on 1 December 2028, and parts of the old Acts stay in force until then. Under the new Act the Reserve Bank already runs the Depositor Compensation Scheme, in effect since 1 July 2025. Conduct is the Financial Markets Authority's: since 31 March 2025, registered banks, licensed insurers and licensed non-bank deposit takers that serve consumers have needed its licence, and must comply with a fair conduct principle.

Australia. The Australian Prudential Regulation Authority is the prudential regulator of banks and other deposit-takers, insurers and superannuation funds, and administers the Financial Claims Scheme. The Australian Securities and Investments Commission is the corporate, markets, financial services and consumer credit regulator. The Reserve Bank of Australia sets the cash rate and can lend to sound institutions short of liquidity.

The United Kingdom. The Prudential Regulation Authority, part of the Bank of England, regulates and supervises banks, building societies, credit unions, insurers and major investment firms. The Financial Conduct Authority regulates the conduct of financial services firms. The Bank of England sets Bank Rate and sees that a failing bank fails in an orderly way, and the Financial Services Compensation Scheme protects deposits.

The United States. The Federal Reserve supervises bank holding companies and state member banks, sets monetary policy, and lends to banks through its discount window against collateral. The Office of the Comptroller of the Currency charters, regulates and supervises national banks and federal savings associations. The Federal Deposit Insurance Corporation insures deposits, examines and supervises banks, and resolves those that fail.

// 06 — OUTSIDE THE STATE, AND INSIDE THE BANK

The external auditor gives an opinion on the bank's annual accounts, and among the largest judgments in them are the provisions against its loans. The board's audit committee oversees that auditor and approves its appointment, or recommends it to the shareholders. Credit rating agencies grade the bank's bonds, and a downgrade raises what it pays for wholesale funding. Shareholders and bondholders read its results and its regulatory disclosures — the Basel framework's Pillar 3, which exists to promote market discipline — and price its shares and bonds on what they find; How to Read a Bank's Results reads them line by line.

The board answers for the risks the bank takes, and works through committees: the Basel Committee's corporate governance principles expect an audit committee and a risk committee at systemically important banks, and strongly recommend them elsewhere. Beneath the board, the same principles describe three lines. The business — the relationship managers and the desks — owns the risks it takes. An independent risk management function and a compliance function form the second line, watching and challenging the first. Internal audit, independent of both, is the third, and reports on whether the first two work.

On a lending file, the second line is the credit officer who can say no to the relationship manager — Issue 10, The Dissent, is a credit committee where someone has to. Every layer on this page checks something different, and none of them checks whether a particular loan is a good one. That judgment stays inside the bank.

// STANDARDS THIS SITS BESIDE

The recognised ground this page sits beside. Each was opened and checked when cited; none is a source for the framework itself.

  1. Basel Committee on Banking Supervision, Charter — sections 1 (Mandate), 3 (Legal status) and 5 (BCBS members' responsibilities) — The Committee's mandate is to strengthen the regulation, supervision and practices of banks worldwide; it has no formal supranational authority and its decisions have no legal force; its members commit to implement its standards in their own jurisdictions — section 02.
  2. Basel Committee on Banking Supervision, Basel Framework, RBC — Risk-based capital requirements, RBC20.1, RBC30.1–30.5 and RBC30.9 — CET1 of at least 4.5% of risk-weighted assets and total capital of 8%; a 2.5% CET1 capital conservation buffer above the minimum, inside which dividends, share buybacks and discretionary bonuses are constrained, more tightly nearer the minimum; a national countercyclical buffer of zero to 2.5%; and Basel standards as minimums a jurisdiction may exceed — section 03.
  3. Basel Committee on Banking Supervision, Corporate governance principles for banks (July 2015), paragraphs 38–43 and 68–71 — The three lines of defence — the business line, independent risk management and compliance, and independent internal audit — and audit and risk committees required at systemically important banks and strongly recommended elsewhere, with the audit committee overseeing the external auditor — section 06.
  4. Reserve Bank of New Zealand, Overview of the Deposit Takers Act — The Deposit Takers Act 2023 received Royal Assent on 6 July 2023, replaces the Banking (Prudential Supervision) Act 1989 and the Non-bank Deposit Takers Act 2013 with a single regime for all deposit takers, and introduces the Depositor Compensation Scheme — section 05.

// QUESTIONS PEOPLE ASK

Who regulates banks in New Zealand?
Two bodies, mainly. The Reserve Bank of New Zealand is the central bank and the prudential regulator: it sets the official cash rate, supervises banks' capital and liquidity, and runs the Depositor Compensation Scheme, in effect since 1 July 2025. The Deposit Takers Act 2023 is replacing the old banking Act with a single regime for banks and other deposit takers, in full effect from 1 December 2028. The Financial Markets Authority regulates conduct: since 31 March 2025 banks serving consumers have needed its licence and must comply with a fair conduct principle that requires them to treat consumers fairly.
Does the Basel Committee have legal power over banks?
No. Its own charter says it has no formal supranational authority and that its decisions have no legal force. Its members — central banks and supervisors from many countries — commit to implement its standards at home, and a Basel standard binds a bank only once a national regulator has written it into its own rules, often with changes and often more strictly. That is why the same Basel minimum can sit beneath quite different national requirements, and why a bank's actual requirement is always read in its own regulator's rules, not in Basel's.
What happens if a bank's capital falls into its buffer?
It keeps operating, but it may not pay out as freely. Under the Basel standards the capital conservation buffer — 2.5% of risk-weighted assets in CET1, above the 4.5% minimum — is meant to be used in bad years, so a bank inside it can go on lending. What it loses is the freedom to distribute: dividends, share buybacks and discretionary staff bonuses are limited, more tightly the closer the ratio comes to 4.5%. Below the minimum itself the supervisor expects rapid remedial action, and the questions become about the bank's survival rather than its payouts.
What is the difference between a prudential regulator and a conduct regulator?
The prudential regulator asks whether the bank will survive: its capital, liquidity, governance and risk management, tested against a severe downturn. The conduct regulator asks how the bank treats the people it deals with: whether products are sold fairly, fees disclosed, complaints handled and customers in difficulty dealt with properly. A well-capitalised bank can still treat customers badly, and a bank that treats them well can still fail, so the questions are kept apart. Some countries give them to two bodies — the Reserve Bank and the Financial Markets Authority in New Zealand, APRA and ASIC in Australia.

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