INVESTMENT BANKING & BROKERAGE · sheet risks for investment banks. However, robust long-term GDP...

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INVESTMENT BANKING & BROKERAGE Research Brief Sustainable Industry Classificaton System (SICS ) #FN0102 Research Briefing Prepared by the Sustainability Accounting Standards Board ® February 2014 www.sasb.org © 2014 SASB TM

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INVESTMENT BANKING & BROKERAGE

Research Brief

Sustainable Industry Classificaton System™ (SICS™) #FN0102

Research Briefing Prepared by the

Sustainability Accounting Standards Board®

February 2014

www.sasb.org© 2014 SASB™

T M

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© 2014 SASB™

SASB’s Industry Research Brief provides evidence for the material sustainability issues in the industry.

The brief opens with a summary of the industry, including relevant legislative and regulatory trends

and sustainability risks and opportunities. Following this, evidence for each material sustainability

issue (in the categories of Environment, Social Capital, Human Capital, Business Model and

Innovation, and Leadership and Governance) is presented. SASB’s Industry Brief can be used

to understand the research and data underlying SASB Sustainability Accounting Standards. For

accounting metrics and disclosure guidance, please see SASB’s Sustainability Accounting Standards.

For information about the legal basis for SASB and SASB’s standards development process, please

see the Conceptual Framework.

SASB identifies the minimum set of sustainability issues likely to be material for companies within

a given industry. However, the final determination of materiality is the onus of the company.

Related Documents

• Financials Sustainability Accounting Standards

• Industry Working Group Participants

• SASB Conceptual Framework

• Example of Integrated Disclosure in Form 10-K

CONTRIBUTORSEric Kane

Andrew Collins

Anton Gorodniuk

Jerome Lavigne-Delville

Himani Phadke

Arturo Rodriguez

Jean Rogers

INVESTMENT BANKING & BROKERAGEResearch Brief

SASB, Sustainability Accounting Standards Board, the SASB logo, SICS, Sustainable Industry

Classification System, Accounting for a Sustainable Future, and Materiality Map are trademarks

and service marks of the Sustainability Accounting Standards Board.

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To ensure that investors are able to evaluate

these factors, investment banking and bro-

kerage companies should report on material

sustainability risks and opportunities that are

likely to affect value in the near and long term.

Enhanced reporting will provide investors

with a more holistic (and comparable) view of

performance that includes both positive and

negative externalities and the non-financial

forms of capital that firms in this industry rely

on to create long term value.

The sustainability issues that will drive competi-

tiveness within the investment banking and

brokerage industry include:

• Ensuring employee incentives and

compensation are aligned with long-term

value creation

• Promoting employee inclusion

• Incorporating environmental, social, and

governance risk factors in all core products

• Complying with the legal and regulatory

environment

• Developing management and mitigation

strategies to protect against systemic risk

The full extent to which these sustainability

issues impact value will become increasingly

clear as financial sector regulation continues

to evolve and emphasis is placed on ethical

business practices, transparency, enhanced risk

management, and limiting systemic disruption

from interconnected and complex financial

institutions

MATERIAL SUSTAINABILITY ISSUES

Human Capital

• Employee Incentives & Risk Taking

• Employee Inclusion

Business Model & Innovation

• Integration of Environmental, Social,

and Governance Risk Factors in

Advisory, Underwriting, and

Brokerage Activities

Leadership & Governance

• Management of the Legal &

Regulatory Environment

• Systemic Risk Management

INTRODUCTION

The investment banking and brokerage industry

continues to face regulatory pressure to reform

and disclose aspects of business that contributed

to the financial crisis in 2008. Specifically, firms

are facing new capital requirements, stress test-

ing, limits on proprietary trading, and increased

scrutiny on compensation practices. These shifts

indicate the importance of performance on key

sustainability issues, and the material impact that

these factors can have on profits, assets and li-

abilities, and cost of capital.

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INDUSTRY SUMMARY

The investment banking and brokerage indus-

try consists of firms performing a wide range

of functions in the capital markets, including

assisting with the capital-raising and alloca-

tion process and providing market-making and

advisory services for corporations, financial

institutions, governments, and high net-worth

individuals.

Specific activities include financial advisory and

securities underwriting services conducted on

a fee basis; securities and commodities broker-

age activities (this involves buying and selling

securities or commodities contracts and options

on a commission or fee basis for institutional

investors); and trading and principal investment

activities (this involves buying and selling of

equities, fixed income, currencies, commodi-

ties, and related securities for client-driven and

proprietary trading). Investment banks also

originate and securitize loans for infrastructure

projects.I

This is a mature industry with global revenues

of $674 billion.1 Industry fees and other rev-

enues are driven by capital market activity and

global macroeconomic factors. Leading up to

the financial crisis, the industry was character-

ized by significant levels of leverage, increasing

complexity, globalization, and interconnected-

ness, but high-profile bankruptcies and signifi-

cant losses during the financial crisis led to a

reevaluation of business risks and opportunities.

The industry is currently facing stringent regula-

tion in the form of The Dodd-Frank Wall Street

Reform and Consumer Protection Act of 2010

(Dodd-Frank Act), which relates to several key

aspects of the investment banking and broker-

age industry. In addition, slow GDP growth in

several key economies is leading to revenue

pressures. Since 2008, investment banks have

been looking to reduce costs to align with low-

er expected revenues, resulting in significant

employee layoffs. The industry is also becom-

ing increasingly dependent upon information

technology and automation to achieve greater

efficiencies.2 Companies are also attempting

to strengthen their balance sheets and reduce

capital risks.

Uncertainty regarding specific rules of the

Dodd-Frank Act, sovereign debt risks, and liti-

gation risks related to insider trading, money-

laundering, market manipulation, and missel-

ling are contributing to earnings and balance

sheet risks for investment banks. However,

robust long-term GDP growth, the develop-

ment of emerging economy capital markets,

and related investments in commodities and in-

frastructure are likely to lead to industry growth.

LEGISLATIVE & REGULATORY TRENDS IN THE INVESTMENT BANKING & BROKERAGE INDUSTRY

Although the legal and regulatory environ-

ment surrounding the investment banking and

I A list of five companies representative of this industry and its activities appears in Appendix I.

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brokerage industry continues to evolve, recent

and future developments have the potential to

impact shareholder value and further demon-

strate the materiality of sustainability perfor-

mance. The following section provides a brief

summary of key trends that are likely to impact

value and further amplify the importance of

sustainability issues.II

In general, the investment banking and broker-

age industry has faced periods of regulation

and deregulation in response to financial crises

or economic expansions. The Glass-Steagall

Act of 1933, which followed the Great Depres-

sion, forced a separation of the commercial

and investment banking businesses of financial

institutions and created the Federal Deposit

Insurance Corporation (FDIC) to insure bank

deposits. The Gramm-Leach-Bliley Act of 1999

reversed the Glass-Steagall restrictions on com-

mercial and investment banking and amended

the Bank Holding Company Act to allow af-

filiations among financial services companies,

including banks, securities firms, and insurance

companies.3

In the wake of the 2008 financial crisis, the

industry is facing a period of renewed scru-

tiny and regulation. The Dodd-Frank Act was

passed in 2010, in an effort to address the

market factors that contributed to the crisis

and ensure future stability. Although ele-

ments of the Act continue to be implemented,

Standard & Poor’s estimated in August 2012

that the reforms will lower pre-tax earnings for

eight large complex banks (both commercial

and investment banking businesses) by a total

between $22 and $34 billion per year.III This

includes additional costs of $2-2.5 billion per

year to meet new reporting and compliance

requirements.4

The Dodd-Frank Act includes regulations on

over-the-counter (OTC) derivatives and swaps

markets, including central clearing and report-

ing requirements. In addition, investment bank-

ing and brokerage firms face new regulations

on minimum risk-based capital and leverage

requirements as well as new rules on corporate

governance and executive compensation.5,6

Further, the Volcker rule, which will go into ef-

fect on April 1, 2014, will prohibit certain types

of proprietary trading by banks.

Furthermore, specific firms will be required to

submit to regulatory agencies an annual plan

for their rapid and orderly resolution under the

Bankruptcy Code. This applies to bank holding

companies (including foreign banks with U.S.

operations) with $50 billion or more in total

assets and non-bank financial institutions des-

ignated for enhanced supervision.7 These rules,

along with their counterparts in European and

other jurisdictions and international regulatory

standards such as Basel III, focus on capital

adequacy and risk management, transparency,

fairness in transactions, and the systemically

important financial institution (SIFI) designation

placed on some companies.

In addition to the requirements of the Dodd-

Frank Act, the global and U.S. implementa-

tion of the Basel III capital standards will also

influence investment banks’ profitability and

II This section does not purport to contain a comprehensive review of all regulations related to this industry, but is intended to highlight some ways in which regulatory trends are impacting the industry.

III The upper end of the range reflects a stricter interpretation of the Volcker rule than originally proposed.

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business models. The Board of Governors of

the Federal Reserve System, the Office of the

Comptroller of the Currency, and FDIC issued

three notices of proposed rulemaking (NPR)

in 2012 that introduce strict capital require-

ments, including additional capital buffers and

minimum capital ratios, which are consistent

for the most part with the Basel III recommen-

dations. These new rules will have a significant

impact on profitability through the cost of car-

rying more capital and being limited in terms

of leverage. These will require enhanced data

management, stress testing, and risk and capi-

tal management from banking institutions. The

NPRs also introduce requirements for qualita-

tive and quantitative public disclosures, along

with rules around their frequency, timing, and

corporate governance; however, these only ap-

ply to banking organizations with $50 billion or

more in consolidated assets.8

SUSTAINABILITY-RELATED RISKS & OPPORTUNITIES

Recent trends in the regulatory environment

indicate a significant shift toward enhanced

risk management, increased disclosure, and

accountability. Legislation passed in response

to the 2008 financial crisis demonstrates the

potential for further alignment between the in-

terests of society and those of long-term inves-

tors. As policymakers and investors increasingly

demand the effective management of sustain-

ability risks and opportunities, firms that are

able to address all forms of capital – not just

financial – will be better positioned to protect

shareholder value.

The following section provides a brief de-

scription of how the investment banking and

brokerage industry depends on each form of

capital and the specific sustainability issues that

will drive performance, including evidence and

value impact. The issues are divided into five

categories: Environment, Social Capital, Human

Capital, Business Model and Innovation, and

Leadership and Governance. A table indicating

the nature of the value impact and evidence of

interest from stakeholders appears in Appendix

IIA. Appendix IIB expands on the channels of

financial impacts of each sustainability issue,

and the recommended disclosure framework

appears in Appendix III.

ENVIRONMENT

The environmental dimension of sustainability

includes corporate impact on the environ-

ment, either through the use of non-renewable

natural resources as input to the factors of

production (e.g., water, minerals, ecosystems,

and biodiversity) or through environmental

externalities or other harmful releases in the

environment, such as air and water pollution,

waste disposal, and greenhouse gas emissions.

As a service industry, investment banking and

brokerage does not directly depend on natural

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resources for revenue generation, nor does it

engage in activities that have a direct impact

on the environment. Although the consump-

tion of energy to operate offices, data centers,

and other facilities contributes to negative ex-

ternalities, this issue does not meet the thresh-

old of materiality for the investment banking

and brokerage industry.

Companies in this industry do engage with

industries that have a substantial and direct

impact on the environment through lending

and project financing activities. The importance

of integrating environmental considerations

into these processes is addressed below in the

‘Business Model and Innovation’ section.

SOCIAL CAPITAL

Social capital relates to the perceived role of

business in society, or the expectation of busi-

ness contribution to society in return for its

license to operate. It addresses the manage-

ment of relationships with key outside stake-

holders, such as customers, local communities,

the public, and the government. It includes is-

sues related to access to products and services,

affordability, responsible business practices in

marketing, and customer privacy.

The investment banking and brokerage

industry requires strong license to operate as

market makers and trusted intermediaries in

the public and private capital markets. Nega-

tive externalities on society can therefore erode

investor and client trust, and negatively impact

the public’s perception of the industry’s value.

This can, in turn, lead to increased restrictions

as was demonstrated by the 2008 financial

crisis and the subsequent development of the

Dodd-Frank Act and other reforms that place

significant restrictions on investment banking

and brokerage firms. The importance of legal

and regulatory compliance is addressed below

in the ‘Leadership and Governance’ section.

As the industry’s clients consist of sophisticated

investors and corporations, it does not face

material issues related to social capital. How-

ever, the increasing complexity of products

indicates that the issue of Transparent Informa-

tion and Customer Responsibility may emerge

as a material issue. It is currently addressed in

the ‘SASB Industry Watch List’ section.

HUMAN CAPITAL

Human capital addresses the management

of a company’s human resources (employees

and individual contractors), as a key asset to

delivering long-term value. It includes fac-

tors that affect the productivity of employees,

such as employee engagement, diversity, and

incentives and compensation, as well as the

attraction and retention of employees in highly

competitive or constrained markets for specific

talent, skills, or education. It also addresses the

management of labor relations in industries

that rely on economies of scale and compete

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on the price of products and services or in

industries with legacy pension liabilities associ-

ated with vast workforces. Lastly, it includes

the management of the health and safety of

employees and the ability to create a safety cul-

ture for companies that operate in dangerous

working environments.

Employee compensation represents the larg-

est expense for companies in the investment

banking and brokerage industry. In order to

maximize long-term shareholder value, invest-

ment banking and brokerage companies must

also ensure that compensation and incentives

are structured to encourage sustained value

creation rather than risk-taking. Further, the

industry can generate significant value through

encouraging employee diversity. Enhanced

disclosure on employee incentives, risk taking,

and employee inclusion will better allow share-

holders to understand which companies in

this industry are positioned to ensure share-

holder value.

Employee Incentives & Risk Taking

Employee compensation in the investment

banking industry can incentivize short-term or

long-term performance. Structures that focus

on the short-term are likely to encourage risk-

taking and present adverse implications for

long-term corporate value. Specifically, com-

pensation can lead employees to take signifi-

cant risks that favor potential short-term gains

over long-term value creation. For individuals,

these risks are typically accompanied by tre-

mendous opportunities for personal financial

reward and the risk of penalty. Firms in the

investment banking and brokerage industry are

faced with a need to balance the risks created

by certain types of compensation packages

with the need to offer attractive and competi-

tive remuneration in order to attract talent.

Concern over this issue has led to increased

regulatory and shareholder scrutiny since the

financial crisis. In 2009, the Financial Stability

Forum’s ‘Principles for Sound Compensation

Practices’ and ‘Implementation Standards’ pro-

vided guidance on reforms, including deferred

bonuses, linking bonuses to a firm’s overall

performance, and providing for ex-ante adjust-

ments to compensation.9 A 2012 study by the

Financial Stability Board, found that most of

the proposed principles and standards have

been implemented in the U.S., except for rec-

ommendations to tie compensation to perfor-

mance. The report concludes that compliance

with the Pillar 3 Basel Committee requirements

for remuneration, however, should assist in

leveling international inconsistencies in report-

ing compensation.10

Given these findings, improved disclosure of

employee compensation, focusing on the

use of performance metrics and variable

remuneration, will provide shareholders with

a clear understanding of how investment bank-

ing and brokerage companies are protecting

corporate value.

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Evidence

Between 2009 and 2012, the median compen-

sation ratio for the investment banking and

brokerage industry fell by 0.04 percent, while

ROE fell by nearly 40 percent, indicating a sig-

nificant mismatch between compensation and

corporate performance.11

The factors that contribute to this appar-

ent misalignment were recently addressed in

‘Financial Sector Compensation and Excess

Risk-Taking – a Consideration of the Issues

and Policy Lessons.’ The paper examines the

relationship between financial sector compen-

sation and excess risk-taking and points to

specific asymmetries in: the treatment of gains

and losses; the term, magnitude, and probabil-

ity of gains and losses; and incentives created

by standard equity-based compensation for

finance executives.12 Specifically, these factors

were suggested to contribute to tail risks and a

focus on short-term profitability rather than the

long-term health of a company.

In addition, the paper discusses a study by the

Office of the New York State Comptroller in

2009 that indicated that bonuses and overall

compensation in the financial sector did not

mirror underlying corporate performance, even

in 2007 and 2008 when investment banking

and brokerage firms experienced significant

losses.

In response to this misalignment that allowed

compensation costs at the nine largest global

investment banks to increase at a faster rate

than revenue between 2004 and 2008, several

institutions appear to be shifting policies to

focus on shareholder value.13 Several firms

have announced bonus caps, deferrals, and

clawback provisions in an effort to boost their

returns.

In 2012, Morgan Stanley announced that it

would limit most cash bonuses at $125,000,

and Deutsche Bank increased the vesting

period for deferred bonuses from three to five

years. Morgan Stanley’s shares subsequently

increased as it cut compensation, generating a

scenario that had not occurred in 15 years and

demonstrating significant investor interest in

this issue.14

Although investment banking and broker-

age firms continue to respond to investor and

regulatory pressure relating to compensation,

there have been several high profile examples

of excessive risk-taking that articulate the

consequences of mismanagement in this area.

In 2012, JPMorgan experienced a $6.2 billion

loss when a trader for its Chief Investment

Office took significant positions on credit-

derivatives.15 As a result, the firm was criticized

by the Federal Reserve and ordered to enhance

the oversight of risk management, internal

audit, and finance functions and overhaul its

Executive compensation system to account for

adverse risk outcomes and control deficiencies.

In the previous year, a UBS trader created $8

billion in unauthorized positions on equity

index futures that led to a $2.3 billion loss for

the firm, resignation of key personnel, and

significant damage to the investment bank’s

reputation. The trader started working at UBS

in its back office but was given responsibility

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for several million dollars’ worth of trading

after less than three years at the firm. His

knowledge of the back office risk-control sys-

tems allowed him to hide his losses.16 A finding

by the U.K.’s Financial Services Authority found

that the bank’s risk controls and management

policies had been ‘seriously defective.’17

Value Impact

The structure of employee incentives and

compensation in the investment banking and

brokerage industry can encourage excessive

risk-taking. Specifically, payments or bonuses

that reward short-term results can lead to

significant losses on investment portfolios for

companies. Whereas, companies that align em-

ployee incentives with long-term value creation

will limit losses, penalties, and reputational

damage associated with risky behavior in the

near and long term.

Employee Inclusion

Investment banking and brokerage companies

can generate significant value by ensuring

diversity through inclusive recruiting, train-

ing, and development practices. Specifically,

companies that have policies and procedures

that ensure diversity at all employment levels

and leverage this to yield new ideas, improved

services, and innovation will benefit from both

productivity and performance.

Enhanced disclosure on employee diversity will

allow shareholders to assess how companies in

this industry are managing the risks and oppor-

tunities associated with employee inclusion.

Evidence

Recent research has focused on the importance

of diversity in the investment banking and

brokerage industry, indicating that increased

diversity among leaders and managers could

have a positive impact on shareholder value.

A recent study by Barclays Wealth found that

“variations in how women and men think,

behave, and take action in their investment

decisions and inheritance planning have far

reaching implications. As the rate of women’s

wealth rises exponentially across the world,

it is becoming increasing vital that financial

institutions and wealth managers address and

understand these differences.”18

Another study suggests that companies that

have mostly women on their board of direc-

tors outperform those with fewer women in

terms of return on invested capital (ROIC) by

26 percent. Further, companies with sustained

high representation of women board direc-

tors outperformed those with sustained low

representation by 60 percent on ROIC and 46

percent on return on equity.19

Despite these findings, the median percentage

of women on the boards of investment banks

was 16 percent in 2011, and the percentage of

women executives was roughly four percent.

This is compared to 22 percent in manage-

ment positions and 41 percent in the general

workforce.20

In addition to the potential for value creation

through increased diversity, investment banks

may also be exposed to costs associated with

lawsuits alleging bias. Several banks have

settled cases with current or former employees

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alleging bias. In 2013, Bank of America’s Mer-

rill Lynch agreed to pay $160 million to settle a

class-action race discrimination lawsuit brought

by employees who alleged that the company

had a segregated workforce and policies that

steered black workers into clerical positions.21

The same year, the company paid $39 million

to settle a discrimination lawsuit brought on

behalf of women employees.22

Smith Barney settled a lawsuit for $33 million

in 2008, brought against it by female Financial

Advisors that alleged discrimination in compen-

sation and business opportunities.23

Value Impact

A diverse workforce can contribute to returns

on both equity and invested capital. Alterna-

tively, gender, race, or age biases can lead to

litigation, increasing contingent liabilities, and

potentially damaging brand value and reputation.

BUSINESS MODEL & INNOVATION

This dimension of sustainability is concerned

with the impact of environmental and social

factors on innovation and business models. It

addresses the integration of environmental and

social factors in the value creation process of

companies, including resource efficiency and

other innovation in the production process, as

well as product innovation and looking

at efficiency and responsibility in the design,

use-phase, and disposal of products. It includes

management of environmental and social im-

pacts on tangible and financial assets—either

a company’s own or those it manages as the

fiduciary for others.

The investment banking and brokerage in-

dustry relies on rapid innovation and growth

to meet the demands of clients and changes

in technology. The primary opportunities for

innovation as they relate to sustainability are

associated with the increasing need to address

environmental, social, and governance factors

that can present indirect and direct risks and

opportunities.

The industry depends heavily on the continued

profitability of industries that have substantial

direct impacts on the environment and those

that depend heavily on natural resources and

social capital. For example, evolving regulatory

efforts to address climate change could limit

returns on traditional power generation, while

presenting opportunities new products associ-

ated with renewable energy and carbon mar-

kets. Similarly, social trends provide opportuni-

ties for new products and growth. Enhanced

disclosure on how environmental, social, and

governance factors are integrated into services

and lending will allow shareholders to assess

which companies are better positioned to ad-

dress these associated risks and opportunities.

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Integration of Environmental, Social, and Governance Risk Factors in Advisory, Underwriting, and Brokerage Activities

Environmental, social, and governance (ESG)

factors are increasingly contributing to the

financial performance of specific projects and

companies at large. The value implications,

both negative and positive, exist for the fi-

nancing of projects or companies that gener-

ate environmental or social externalities and

those that are exposed to risks associated with

climate change, resource depletion, or other

issues. The potential for both value creation

and destruction associated with ESG factors

suggests that investment banking and broker-

age firms have a responsibility to their share-

holders and clients to integrate these factors

into analysis and valuation related to all core

products, including sell-side research, advisory

services, origination, underwriting, and princi-

pal transactions.

Specifically, products structured around com-

modities or fossil fuels should account for

environmental impacts and the risks associ-

ated with regulation and reputation, all of

which can impact valuation. This is particularly

relevant for advisory or underwriting services

for industries with high levels of GHG emis-

sions, which could be substantially impacted

by certain scenarios of regulatory responses to

climate change. Further, ESG factors can have

significant impacts on cash flows associated

with financed projects. On the opportunity

side, firms in this industry are in the position

to provide liquidity and capital to businesses or

projects that provide environmental or social

benefits, including renewable energy develop-

ment financing, social impact and green bond

origination, and micro-finance underwriting.

Investment banking and brokerage companies

that fail to address these risks and opportuni-

ties could face diminished returns and reduced

value for shareholders. Companies should

subsequently disclose how ESG factors are inte-

grated into core products and services.

Evidence

Increased investor interest and recognition

of the potential for both value creation and

destruction associated with the integration of

ESG factors have led numerous firms in the

investment banking and brokerage industry to

become signatories to the Equator Principles,

the Carbon Principles, and the United Nations

Principles for Responsible Investment. Although

these initiatives differ in their scope and intent,

they demonstrate the growing recognition that

firms that consider environmental and social

performance across their activities will be best

positioned to protect shareholder value.

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11RESEARCH BRIEF | INVESTMENT BANKING & BROKERAGE © 2014 SASB™

For example, firms that adopt the Carbon

Principles recognize that there is “growing un-

certainty around federal climate change policy

and potential carbon costs. This lack of clarity

has raised concerns in the industry around the

economic viability of proposed coal-fired power

plants, leading to a growing number of regula-

tory rejections of new projects. From our per-

spective as financial institutions, there is a clear

need for a consistent approach to assessing

these uncertainties.” These considerations have

led companies in the investment banking and

brokerage industry to address both the risks

and opportunities associated with ESG factors.

In 2012, Goldman Sachs, which pledged to

finance $40 billion in renewable energy over

the span of 10 years, has become the leading

arranger of renewable energy stock offerings

with three deals valued at $405.6 million.24

The company also reports that its “commodi-

ties activities, particularly our power generation

interests and our physical commodities activi-

ties, subject us to extensive regulation, poten-

tial catastrophic events and environmental,

reputational and other risks that may expose us

to significant liabilities and costs.”

In 2013, Bank of America launched a new

10-year, $50 billion environmental business

goal. The company reports that the initiative

“will consist primarily of lending, equipment

finance, capital markets and advisory activity,

carbon finance, and advice and investment

solutions for clients.”25

In addition to financing activities, investment

banking and brokerage companies are invest-

ing in innovative products that support social

and environmental performance. Between

2007 and 2013, JPMorgan Chase issued 19

green bonds with a total value of over $1.5 bil-

lion.26 Since 2006, Morgan Stanley has inter-

mediated more than $700 million of microfi-

nance securities globally and is working with

the Acumen Fund on a U.S. domestic initiative

to provide ‘patient capital’ to support busi-

nesses with high growth and impact potential

that provide quality health care, education, and

other services to underserved communities.27

Value Impact

Investment banking and brokerage companies

providing products and services that fail to

account for ESG risks and opportunities could

be considered negligent in their responsibilities.

The omission of material information relating

to products or failure to incorporate in advisory

services could result in significant legal penal-

ties or settlements as a result of litigation.

Further, firms face indirect impacts associated

with this issue, including reputational dam-

age that could arise from serving clients that

create significant negative externalities. Firms

that engage in activities that lead to environ-

mental or social benefits can strengthen brand

value, generate new profit opportunities, and

increase market share. ESG issues can also

present direct implications on value through

impacts on proprietary investments and

lending portfolios.

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12RESEARCH BRIEF | INVESTMENT BANKING & BROKERAGE © 2014 SASB™

LEADERSHIP & GOVERNANCE

As applied to sustainability, governance

involves the management of issues that are

inherent to the business model or common

practice in the industry and that are in po-

tential conflict with the interest of broader

stakeholder groups (government, community,

customers, and employees) and therefore cre-

ate a potential liability, or worse, a limitation

or removal of license to operate. This includes

regulatory compliance, lobbying, and political

contributions. It includes risk management,

safety management, supply chain and resource

management, conflict of interest, anti-com-

petitive behavior, and corruption and bribery.

It also includes risk of business complicity with

human rights violations.

Strict and evolving regulatory environments

coupled with complex and often interconnect-

ed lines of business elevate the importance of

strong governance in the investment banking

and brokerage industry. Governance structures

must ensure compliance with national and

international regulations. In addition, compa-

nies must ensure that policies and practices

are in place to address the risks and reporting

requirements associated with systemic risk.

Enhanced disclosure on governance perfor-

mance is essential for shareholders to assess

and benchmark management quality and a

company’s ability to protect long-term value.

Management of the Legal & Regulatory Environment

The regulatory environment surrounding the

investment banking and brokerage indus-

try continues to evolve, both nationally and

internationally. Companies are subsequently

required to adhere to a complex and inconsis-

tent set of rules relating to both performance

and disclosure on issues including insider

trading, anti-trust, price fixing, and market

manipulation. In addition, investment banking

and brokerage companies are subject to rules

against tax evasion, fraud, money laundering,

and corrupt practices.

In the U.S., provisions of the Dodd-Frank Act

continue to be implemented, and companies

will also face new capital adequacy, stress test-

ing, and market liquidity risk standards estab-

lished under Basel III. Although many of these

regulations are specific to the issue of ‘Systemic

Risk Management,’ (see below) it demonstrates

the evolving nature of the regulatory landscape

and the need to have strong governance prac-

tices in place. For example, enhanced rewards

for whistleblowers established under the Dodd-

Frank may lead to an increase in the number of

complaints brought to regulators.

Investment banking and brokerage companies

are exposed to potential conflicts of interest as

a result of the increasingly complex nature of

products and services and the number of

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13RESEARCH BRIEF | INVESTMENT BANKING & BROKERAGE © 2014 SASB™

obligations and interests maintained. Firms act

as market makers and channels for financial

assets of clients, earn income from proprietary

trading, and provide research on products and

services. Subsequently, firms are in a posi-

tion to provide investment advice while also

profiting from trading. In addition, investment

banking and brokerage companies have ac-

cess to confidential information, which raises

the risk of insider trading. The risks associated

with conflicts of interest will be elevated with

the adoption of the Volcker Rule, which bans

conflict of interest trading.

Firms that are able to manage these regula-

tory concerns and ensure compliance through

strong internal processes and policies will be

better positioned to protect shareholder value

and limit future liabilities.

Evidence

In 2013, JPMorgan Chase admitted to violating

securities laws in the previous year when top

managers withheld information from the board

associated with trades in what became known

as the London Whale case. In addition to $920

million in penalties, the company has increased

spending on internal controls by an estimated

$1 billion and dedicated more than $750 mil-

lion to address various consent orders.28,29 The

SEC, U.S. Justice Department, and Commod-

ity Futures Trading Commission continue to

investigate these trades, and the possibility for

additional fines remains.

Fourth quarter earnings in 2013 for both

Deutsch Bank and Credit Suisse were impacted

by ongoing legal costs. Deutsche Bank report-

ed an unexpected loss of $1.62 billion in the

fourth quarter, partly attributing it to lawsuits

and other official inquiries. Credit Suisse expe-

rienced limited profit in the same quarter as a

result of having to set aside money for legal

costs associated with mortgage litigation and a

tax dispute with the U.S.30

In 2012, U.S and European regulators fined

UBS $1.5 billion for manipulating benchmark

interest rates in the London interbank offered

rate (Libor) and Japanese markets.31 UBS post-

ed a quarterly loss of nearly $2 billion during

the fourth quarter of 2012, after booking the

Libor fine (and including costs related to job

cuts).32 The same year, Barclays was fined $451

million for interest rate manipulation, which

led to an 18 percent decrease in share price.33

Additional fines have been levied against Citi-

group, JPMorgan Chase, Deutsche Bank, Royal

Bank of Scotland, and Société Générale for

improperly influencing Libor.34

Value Impact

Failure to comply with relevant regulations can

have a significant impact on corporate value

and on the industry as a whole. Specifically,

conflicts of interest resulting in unfair business

practices could increase general and adminis-

trative expenses, thereby reducing operational

efficiency, due to the potential for enhanced

regulatory oversight. Poor performance on this

issue can also generate significant contingent

liabilities and limits on specific business activi-

ties. Further, there is potential for the with-

drawal of a firm’s business license and criminal

prosecution of employees.

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14RESEARCH BRIEF | INVESTMENT BANKING & BROKERAGE © 2014 SASB™

In addition, the potential for negative publicity

associated with poor performance in this area

can damage a firm’s reputation and lead to

a devaluation of intangible assets. This could

further result in lost revenue and market share

as clients seek alternatives. Combined, these

factors can lead to credit rating downgrades,

higher cost of capital, and diminished share-

holder value.

The fact that the regulatory environment sur-

rounding investment banking and brokerage

continues to evolve creates some uncertainty

about the potential impact on corporate value.

However, evidence suggests that current and

developing regulations can present a material

impact in both the near and long term.

Systemic Risk Management

The recent financial crisis articulated the impor-

tance of managing risks to capital in the invest-

ment banking and brokerage industry. Spe-

cifically, firms that failed to ensure adequate

capital reserves were unable to protect share-

holder value, which contributed to a significant

market disruption. The systemic nature of the

risk results from the interconnectedness of

financial institutions and has become a central

concern of federal and international regulators.

The capital requirements developed by the

Federal Reserve and under Basel III are intended

to ensure that firms have adequate capital to

withstand a financial stress. In addition, the

management of the size, quality, and stability

of a company’s capital has been demonstrated

to be essential to protecting shareholder value

and preventing a systemic market disruption.

Subsequently, there is increased recognition

of the importance of metrics such as skew-

ness and kurtosis of trading revenue, risk limit

management, and exposure to OTC derivative

positions as key indicators of stability.

Further, banks are required to undergo stress

tests to evaluate whether the company has the

capital to absorb losses, continue operations,

and meet obligations in the event of adverse

economic and financial conditions.

In an effort to demonstrate how these risks

are being managed, investment banking and

brokerage companies should enhance disclo-

sure on metrics, including the results of annual

stress tests, Basel III liquidity coverage ratios,

exposure to OTC derivatives, and management

of risk limits.

Evidence

The collapse and near failure of several finan-

cial institutions (including Lehman Brothers and

Bear Stearns) during the 2008 financial crisis

provides the most compelling evidence of the

importance of systemic risk management and

the extreme impact on value that can arise

from both internal and external risk. Although

those examples represent an extreme, most

investment banks wrote down significant

amounts of capital during the financial crisis

due to inadequate risk assessments, unsustain-

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15RESEARCH BRIEF | INVESTMENT BANKING & BROKERAGE © 2014 SASB™

able leverage ratios, and spill-over effects from

firms’ off-balance sheet liabilities and losses

at counterparties. Subsequently, shares of

Citigroup, Bank of America, Goldman Sachs,

and JPMorgan trade at less than book value,

indicating a continued lack of investor confi-

dence in capital accounting at these firms.35 In

addition, investment banking and brokerage

companies continue to face significant fines

and an evolving regulatory environment as a

result of the actions that contributed to the

financial crisis.

In 2013, JPMorgan Chase agreed to pay $13

billion to resolve the U.S. Justice Depart-

ment’s investigation into the company’s sale

of mortgage bonds that contributed to the

downturn. To date, the six biggest banks in the

U.S., including JPMorgan and Bank of America,

have incurred more than $100 billion in legal

costs since 2008, demonstrating the direct

costs associated with actions that contribute to

systemic risk.36

In 2003, the SEC completed enforcement ac-

tions against 10 investment banks following

joint investigations by regulators into ‘allega-

tions of undue influence of investment banking

interests on securities research at brokerage

firms.’ In sum, companies were required to pay

$1.4 billion under the global settlement, which

according to the SEC at the time, included

‘some of the highest ever imposed in civil en-

forcement actions under the securities laws.’37

Value Impact

The development and implementation of

regulations related to system risk management

are intended to improve the ability of compa-

nies to absorb shocks arising from financial

and economic stress. The adoption of these

requirements and the improvement of capital

ratios beyond specified levels is likely to provide

investment banking and brokerage companies

a strong competitive advantage. In addition,

increased quality, transparency, and consistency

of a firm’s capital base are likely to improve

credit rating and lower the cost of capital.

Higher liquidity ratios also have a positive im-

pact on operational efficiency and profitability,

thereby contributing to shareholder value.

A failure to adapt to new and developing

standards could lead to enhanced regulatory

oversight and litigation, thereby increasing re-

curring, general, and administrative expenses,

imposing contingent liabilities, and diminish-

ing the value of intangible assets. Further, this

could lead to a lack of trust on the part of

clients and a potential loss of market share.

Finally, inadequate risk assessment and a

failure to accurately price financial assets is

likely to have a negative impact on a firm’s

balance sheet.

Although regulations relating to systemic risk

management continue to evolve and take ef-

fect, the potential impact on value is clear and

likely to present material implications in the

near and long term.

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16RESEARCH BRIEF | INVESTMENT BANKING & BROKERAGE © 2014 SASB™

SASB INDUSTRY WATCH LIST

The following section provides a brief descrip-

tion of sustainability issues that did not meet

SASB’s materiality threshold at present, but

could have a material impact on the investment

banking and brokerage industry in the future.

Regulatory Capture and Political Influence

The issue of regulatory capture and political

influence continues to be prominent in the

investment banking and brokerage industry.

Specifically, companies are widely seen as hav-

ing had a significant influence on the devel-

opment of new regulations since the 2008

financial crisis, through lobbying, contributions,

and direct relationships with regulators.

The material implications of lobbying efforts

and campaign contributions remain contro-

versial. Specifically, there is little evidence on

how these actions impact shareholder value

and whether the cost of these activities is

outweighed by corporate gains. Additionally,

the issue raises questions of the efficacy of lob-

bying for or against a regulation that protects

near-term profits but is misaligned with longer-

term strategic investments and initiatives.

Although investor interest in the issue appears

to be increasing, it is not clear whether share-

holder resolutions requiring such disclosure

will receive widespread support.38 Additionally,

after indicating it as a priority issue for 2013,

the SEC dropped the issue of political spending

from its 2014 agenda.39

Transparent Information and Customer Responsibility

The investment banking and brokerage in-

dustry serves financially sophisticated clients,

including corporations, institutional investors,

hedge funds, and asset managers. Further,

companies in this industry often have multiple

relationships with specific clients that vary

based on services provided.

Despite the financial sophistication of these

clients, the recent financial crisis articulated

the importance of transparent information and

responsibility toward customers due to the

complex nature of these relationships and the

products offered. Investment banking and bro-

kerage companies have a subsequent respon-

sibility to provide transparent information and

pricing on all products, including origination,

wholesale market-making, and algorithmic or

high-frequency trading.

The complex nature of these relationships

and the products offered can lead to actual or

perceived instances where legal responsibili-

ties were not adequately disclosed. Enhanced

disclosure on how this issue is managed would

allow shareholders to understand how value is

being protected.

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17RESEARCH BRIEF | INVESTMENT BANKING & BROKERAGE © 2014 SASB™

APPENDIX I: Five Representative Companies | Investment Banking & BrokerageIV

COMPANY NAME (TICKER SYMBOL)

Goldman Sachs (GS)

JPMorgan Chase (JPM)

Nomura Holdings (NMR)

Morgan Stanley (MS)

Credit Suisse Group (CS)

IV This list includes five companies representative of the Investment Banking & Brokerage Industry and its activities. Only companies that are US listed and where at least 20 percent of revenue is generated by activities in this industry according to the latest information available on Bloomberg Professional Service were included.

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18RESEARCH BRIEF | INVESTMENT BANKING & BROKERAGE © 2014 SASB™

APPENDIX IIA: Evidence for Material Sustainability Issues

HM: Heat Map, a score out of 100 indicating the relative importance of the issue among SASB’s initial list of 43 generic sustainability issues. The score is based on the frequency of relevant keywords in documents (i.e., 10-Ks, shareholder resolutions, legal news, news articles, and corporate sustainability reports) that are available on the Bloomberg terminal for the industry’s publicly listed companies.

IWGs: SASB Industry Working Groups

%: The percentage of IWG participants that found the issue to be material. (-) denotes that the issue was added after the IWG was convened.

Priority: Average ranking of the issue in terms of importance. One denotes the most material issue. (N/A) denotes that the issue was added after the IWG was convened.

EI: Evidence of Interest, a subjective assessment based on quantitative and qualitative findings.

EFI: Evidence of Financial Impact, a subjective assessment based on quantitative and qualitative findings.

FLI: Forward Looking Impact, a subjective assessment on the presence of a material forward-looking impact.

MATERIAL SUSTAINABILITY ISSUES

EVIDENCE OF INTERESTEVIDENCE OF

FINANCIAL IMPACTFORWARD-LOOKING IMPACT

HM (1-100)

IWGsEI

Revenue/Expenses

Asset/ Liability

Risk Profile

EFI Probability Magnitude Externalities FLI% Priority

HUMAN CAPITAL

Employee Incentives & Risk Taking

25 88 4 Low • • Medium No

Employee Inclusion

50 59 5 Low • • Medium No

BUSINESS MODEL & INNOVATION

Integration of Environmental, Social, and Governance Risk Factors in Advisory, Underwriting, and Brokerage Activities

40 73 3 Low • • Low • • • Yes

LEADERSHIP & GOVERNANCE

Management of the Legal & Regulatory Environment

60 96 1 High • • • High • Yes

Systemic Risk Management

58 92 2 High • • • High • • • Yes

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19RESEARCH BRIEF | INVESTMENT BANKING & BROKERAGE © 2014 SASB™

EVID

ENCE

OF

FI

NA

NCI

AL

IMPA

CT

REV

ENU

E &

EX

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SES

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••

APPENDIX IIB: Evidence of Financial Impact for Material Sustainability Issues

HIG

H I

MPA

CT

MED

IUM

IM

PAC

TLO

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MPA

CT

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APPENDIX III: Sustainability Accounting Metrics | Investment Banking & Brokerage

TOPIC ACCOUNTING METRIC CATEGORYUNIT OF

MEASURECODE

Employee Incentives & Risk Taking

Discussion of variable compensation policies and practices Discussion and Analysis

n/a FN0102-01

Percentage of total compensation that is variable for: (1) executives and (2) all others

Quantitative Percentage (%) in U.S. dollars

FN0102-02

Percentage of variable compensation that is equity for: (1) executives and (2) all others

Quantitative Percentage (%) in U.S. dollars

FN0102-03

Percentage of employee compensation which includes ex post adjustments for: (1) executives and (2) all others

Quantitative Percentage (%) in U.S. dollars

FN0102-04

Number of instances when risk limits were breached and number and percentage by response: (1) position reduced, (2) risk limit temporarily increased, (3) risk limit permanently increased, (4) other

Quantitative Number (#), percentage (%)

FN0102-05

Employee Inclusion

Percentage of gender and racial/ethnic group representation for: (1) executives and (2) all others

Quantitative Percentage (%) FN0102-06

Management of the Legal & Regulatory Environment

Amount of legal and regulatory fines and settlements associated with financial industry regulation and percentage that resulted from whistleblowing actionsV

Quantitative U.S. dollars ($) percentage (%)

FN0102-07

Number of inquiries, complaints, or issues received by the legal and compliance office through an internal monitoring or reporting system, and percentage that were substantiatedVI

Quantitative Number (#), percentage (%)

FN0102-08

Number of conflicts of interest disclosed to clients, customers, and/or counterparties

Quantitative Number (#) FN0102-09

V Note to FN0102-07 – Disclosure shall include a description of fines and settlements and corrective actions implemented in response to events. VI Note to FN0102-08 – Disclosure shall include a description of the nature of the inquiries, complaints, or issues and of any corrective actions taken by the registrant in response to information received by its legal and compliance office through an internal monitoring and/or reporting system.

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APPENDIX III: Sustainability Accounting Metrics | Investment Banking & Brokerage (Cont.)

TOPIC ACCOUNTING METRIC CATEGORYUNIT OF

MEASURECODE

Systemic Risk Management

Results of stress tests under adverse economic scenarios,VII including the following measures (actual and projection): (1) Loan losses (2) Losses, revenue, and net income before taxes (3) Tier 1 common capital ratio (4) Tier 1 capital ratio (5) Total risk-based capital ratio (6) Tier 1 leverage ratio

Quantitative U.S. dollars ($), ratio in U.S. dollars ($)

FN0102-10

Basel III Liquidity Coverage Ratio (LCR) Quantitative Ratio in U.S. dollars ($)

FN0102-11

Net exposure to written credit derivatives Quantitative U.S. dollars ($) FN0102-12

Level 3 assets: (1) total value and (2) percentage of total assets

Quantitative U.S. dollars ($), percentage (%)

FN0102-13

Skewness and kurtosis of trading revenue Quantitative n/a FN0102-14

Integration of Environmental, Social, and Governance Risk Factors in Advisory, Underwriting, and Brokerage Activities

Discussion of how environmental, social, and governance (ESG) factors are incorporated into core products and services

Discussion and Analysis

n/a FN0102-15

Amount of sustainability-focused services, activities, and products, broken down by: (1) origination, (2) market making, and (3) advisory and underwritingVIII

Quantitative U.S. dollars ($) FN0102-16

Deal size of advisory and underwriting transactions for companies in the following sectors/industries: Energy/Oil&Gas, Materials/Basic Materials, Industrials, and Utilities

Quantitative U.S. dollars ($) FN0102-17

VII Note to FN0102-10 – Disclosure shall include a description of the most significant drivers of changes in regulatory capital ratios. VIII Note to FN0102-16 – Disclosure shall include a description of sustainability-focused services, activities, and products, broken down by: (1) origination, (2) market making, and (3) advisory and underwriting.

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APPENDIX IV: Analysis of 10-K Disclosures | Investment Banking & Brokerage

The following graph demonstrates an aggregate assessment of how the top ten U.S. domiciled companies, by revenue, in the investment banking & brokerage industry are currently reporting on material sustainability issues in the Form 10-K

0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%

DISCLOSURE ON MATERIAL SUSTAINABILITY ISSUES

NO DISCLOSURE BOILERPLATE INDUSTRY-SPECIF IC METRICS

INVESTMENT BANKING & BROKERAGE

Employee Incentives & Risk Taking

Employee Inclusion

Integration of Environmental, Social, and Governance Risk Factors in Advisory, Underwriting, and Brokerage Activities

Management of the Legal & Regulatory Environment

Systemic Risk Management

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References

1 According to the latest data on Institutional Brokerage firms (Bloomberg Industry Classification System, BICS), Bloomberg Professional Services. Accessed on February 7, 2014.

2 Childs, Mary. “Million Dollar Traders Replaced with Machines Amid Cuts.” Bloomberg 6 Nov 2012: Web <http://www.bloomberg.com/news/2012-11-06/million-dollar-traders-replaced-with-machines-credit-markets.html>

3 “Glass-Steagall Act, 1933.” <http://topics.nytimes.com/topics/reference/timestopics/subjects/g/glass_steagall_act_1933/index.html>

4 “Two Years On, Reassessing the Cost of Dodd-Frank for the Largest U.S. Banks.” Standard & Poor’s, August 9, 2012. <http://www.standardandpoors.com/ratings/articles/en/us/?articleType=HTML&assetID=1245338539029>

5 “A Closer Look. US Basel III Regulatory Capital Regime and Market Risk Final Rule.” PricewaterhouseCoopers (pwc), July 2012.

6 “An Update on the Dodd-Frank Executive Compensation and Corporate Governance Provisions.” The Wall Street Journal, October 3, 2012. <http://deloitte.wsj.com/cfo/2012/10/03/dodd-frank-executive-compensation-and-corporate-governance-update/>

7 “Office of Complex Financial Institutions Dodd-Frank Act Title I, Living Wills Overview.” FDIC Advisory Committee on Systemic Resolution, January 25, 2012. <http://www.fdic.gov/about/srac/2012/2012-01-25_living-wills.pdf>

8 “CCAR and Stress Testing as Complementary Supervisory Tools.” Board of Governors of the Federal Reserve System, last modified December 20, 2013. <http://www.federalreserve.gov/bankinforeg/ccar-and-stress-testing-as-complementary-supervisory-tools.htm>

9 “Principles and Standards for Sound Compensation Practices.” Financial Stability Board. <http://www.financialstabilityboard.org/activities/compensation/>

10 “2011 Thematic Review on Compensation.” Financial Stability Board 2011. <http://www.financialstabilityboard.org/publications/r_111011a.pdf>

11 Based on data for ‘Compensation ratio’ and ROE from the Bloomberg Professional service. Bloomberg Industries, Investment Banking, Data Library, Company data. Accessed on April 26, 2013.

12 Sharma, Krishnan. “Financial sector compensation and excess risk-taking – a consideration of the issues and policy lessons.” United Nations Department of Economic and Social Affairs, April 2012. <http://www.un.org/esa/desa/papers/2012/wp115_2012.pdf>

13 Harper, Christine and Michael J. Moore. “Banks See Biggest Returns Since ’03 as Employees Suffer.” Bloomberg, December 19, 2012. <http://www.bloomberg.com/news/2012-12-19/banks-see-biggest-returns-since-03-as-employees-suffer.html>

,14 Moore, Michael J. “Morgan Stanley Said to Defer Bonuses to Top Bankers, Traders.” Bloomberg, January 15, 2013. <http://www.bloomberg.com/news/2013-01-15/morgan-stanley-said-to-defer-all-bonuses-to-top-bankers-traders.html>

15 Kopecki, Dawn, Jesse Hamilton, and Lindsay Fortado. “JPMorgan Ordered to Fix Controls, Pay Practices After Whale Bet.” Bloomberg, January 14, 2013. <http://www.bloomberg.com/news/2013-01-14/jpmorgan-s-whale-trade-subject-of-occ-order-to-fix-risk-controls.html>

16 Robinson, Edward. “Adoboli Fraud in UBS Recklessness Deflates Thatcher Deregulation.” Bloomberg Markets Magazine, December 20, 2012. <http://www.bloomberg.com/news/2012-12-21/adoboli-fraud-in-ubs-recklessness-deflates-thatcher-deregulation.html>

17 Ibid.

18 “Understanding the Female Economy: The Role of Gender in Financial Decision Making and Succession Planning for the Next Generation.” Barclays Wealth, 2011. <http://group.barclays.com/Satellite?blobcol=urldata&blobheader=application%2Fpdf&blobheadername1=Content-Disposition&blobheadername2=MDT-Type&blobheadervalue1=inline%3B+filename%3DRead-Understanding-the-Female-Economy.pdf&blobheadervalue2=abinary%3B+charset%3DUTF-8&blobkey=id&blobtable=MungoBlobs&blobwhere=1330699484181&ssbinary=true>

19 “The Bottom Line: Corporate Performance and Women’s Representation on Boards (2004–2008).” Catalyst, March 1, 2011. <http://www.catalyst.org/knowledge/bottom-line-corporate-performance-and-women%E2%80%99s-representation-boards-2004%E2%80%932008>

20 Based on data for ‘ESG metrics’ from the Bloomberg Professional service. Bloomberg Industries, Investment Banking, Data Library, Company data. Accessed on April 26, 2013.

21 Rosenblatt, Joel and Hugh Son. “BofA Settles Black Advisers’ Bias Suit for $160 Million.” Bloomberg, August 27, 2013. <http://www.bloomberg.com/news/2013-08-28/bofa-settles-black-brokers-bias-suit-for-160-million.html>

22 McGeehan, Patrick. “Bank of American to Pay $39 Million in Gender Bias Case.” The New York Times, September 6, 2013. <http://dealbook.nytimes.com/2013/09/06/bank-of-america-to-pay-39-million-in-gender-bias-case/?_php=true&_type=blogs&_r=0>

23 Carmon, Irin. “Three Women Sue Bank Of America-Merrill Lynch For Gender Discrimination.” March 31, 2010. <http://jezebel.com/5506214/three-women-sue-bank-of-america+merrill-lynch-for-gender-discrimination>

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References (Cont.)

24 Goossens, Ehren. “Goldman Leading Renewable Offerings Says Slump Is Ending.” Bloomberg, January 17, 2013. <http://www.bloomberg.com/news/2013-01-17/goldman-leading-renewable-offerings-says-slump-is-ending.html>

25 “Bank of America Announces New $50 Billion Environmental Business Initiative.” Bloomberg Business Wire, June 11, 2012. <http://www.bloomberg.com/article/2012-06-11/arOiB0mn_fQ8.html>

26 “Biggest Underwriters of Green Bonds: Investment Banks.” Bloomberg, last modified October 23, 2013. <http://www.bloomberg.com/visual-data/best-and-worst/biggest-underwriters-of-green-bonds-investment-banks>

27 Morgan Stanley. 2011 Annual Report, New York, NY: Morgan Stanley, 2011.

28 Silver-Greenberg, Jessica, and Ben Protess. “As Inquiries Persist, JPMorgan Loses Favor.” The New York Times, September 19, 2013. <http://dealbook.nytimes.com/2013/09/19/jpmorgan-chase-agrees-to-pay-920-million-in-fines-over-trading-loss/>

29 Kopecki, Dawn. “Dimon Tells JPMorgan to Brace for More Regulatory Woes.” Bloomberg, September 17, 2013. <http://www.bloomberg.com/news/2013-09-17/jpmorgan-s-dimon-says-bank-boosting-compliance-efforts.html>

30 Werdigier, Julia. “Legal Costs Hurt Credit Suisse Profit.” The New York Times, February 6, 2014. <http://dealbook.nytimes.com/2014/02/06/legal-costs-weigh-on-credit-suisse-earnings/>

31 Robinson. “Adoboli Fraud.” December 20, 2012.

32 Logutenkova, Elena. “UBS Posts Quarterly Loss on Libor Fine, Reorganization.” Bloomberg, February 5, 2013. <http://www.bloomberg.com/news/2013-02-05/ubs-posts-quarterly-loss-on-libor-fine-reorganization-costs.html>

33 Gallu, Joshua, Silla Brush, and Lindsay Fortado. “Barclays Libor Fine Sends Stocks Lower as Probes Widen.” Bloomberg, June 28, 2012. <http://www.bloomberg.com/news/2012-06-28/barclays-451-million-libor-fine-paves-the-way-for-competitors.html>

34 Bray, Chad and Jack Ewing. “Europe Sets Big Fines in Settling Libor Case.” The New York Times, December 4, 2013. <http://dealbook.nytimes.com/2013/12/04/e-u-imposes-1-7-billion-euros-in-fines-over-rate-rigging-scandal/?hp>

35 Buhayar, Noah. “Buffett Says Banks Free of Excess Pose No US Threat.” Bloomberg, January 10, 2013. <http://www.bloomberg.com/news/2013-01-10/buffett-says-banks-cleared-of-excess-risk-pose-no-threat-to-u-s-.html>

36 Schoenberg, Tom, Dawn Kopecki, and Laurie Asseo. “JPMorgan Reaches Record $13 Billion Mortgage Settlement.” Bloomberg, November 19, 2013. <http://www.bloomberg.com/news/2013-11-19/jpmorgan-settlement-announced-by-u-s-justice-department-1-.html>

37 “Ten of Nation’s Top Investment Firms Settle Enforcement Actions Involving Conflicts of Interest Between Research and Investment Banking.” U.S. Securities and Exchange Commission, April 28, 2003. <http://www.sec.gov/news/press/2003-54.htm>

38 Michaels, Dave. “Shareholders Force Firms to Reveal Secret Political Funds.” Bloomberg, April 24, 2013. <http://www.bloomberg.com/news/2013-04-25/shareholders-force-firms-to-reveal-secret-political-funds.html>

39 ElBoghdady, Dina. “SEC drops disclosure of corporate political spending from its priority list.” The Washington Post, November 30, 2013. <http://www.washingtonpost.com/business/economy/sec-drops-disclosure-of-corporate-political-spending-from-its-priority-list/2013/11/30/f2e92166-5a07-11e3-8304-caf30787c0a9_story.html>

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