4.4.1. Internal control framework

Statutory and regulatory framework:

  1. Brokerage Supervision Act: Article 17 §1(2)
  2. NBB regulations:
    • Regulation of 19 May 2015 on the internal control system and the internal audit function
  3. NBB circulars:
  4. International reference documents:
    • EBA/GL/2021/14 on internal governance => paragraphs 129 to 138

4:140 Firms should develop and maintain a culture that encourages a positive attitude to risk management and compliance, as well a robust and comprehensive internal control framework.

4:141 The internal control framework should be adapted to the specificities and complexity of the firm’s activities and the associated risks, taking into account the group context. Firms should organise the exchange of the necessary information in a manner that ensures that each management body, business line and internal unit, including each independent control function, is able to carry out its duties. This means, for example, that appropriate information should be exchanged between  business lines and the compliance function (including the AMLCO), as well as between the heads of the independent control functions at group level and the firm’s statutory governing body.

4:142 Firms should put in place, maintain and regularly update adequate internal control policies, processes/mechanisms and procedures.  The expected level of sophistication of these policies, procedures and processes for small stockbroking firms is lower.

4:143 For more information on the internal control framework, please see paragraphs 129 to 138 of EBA/GL/2021/14.