At a time when companies are jealously trying to protect their reputations, the publication of the finer details of the transaction agreements is intended to ensure the maximum level of publicity of the colony, much to the chagrin of the sanctioned company. It is also a clear reminder to other companies that the Central Bank has teeth and does not hesitate to use them. Boards of directors and management should continuously evaluate the central bank`s transaction agreements and check whether there are any lessons in the agreements that can be applied within their own companies. What is remarkable about these transaction agreements is that the enforcement actions taken against the person are essentially the source of a previous central bank enforcement action against the company in which that person was operating. In June 2020, the Central Bank reached a settlement agreement with the former executive director of RSA Ireland. In 2018, the Central Bank fined RSA 3.5 million euros. In 2019, the CBI included eight comparisons to carry out investigations as part of its administrative sanction procedure (ASP) and imposed fines of more than EUR 30 million. These included the comparison with Permanent TSB plc, which was fined EUR 21 million – the highest fine ever imposed by the CBI – and the first transaction which revealed problems identified in the Tracker mortgage review. According to the report, five other lenders are still under investigation. Last year, the stagnant fine was the highest, resulting from comparisons with the comparisons made by the CBI in a single year. Two of the fines imposed in 2019 were higher than any fine previously imposed by the CBI.
During the five-year period under review, insurers/reinsurers paid 7.6 million euros in fines to the central bank. This represents 9.3% of the total value of fines imposed on the financial services sector during this period. So far, in 2020 and 2019, insurers have done much better than banks and avoided publicly announced settlement agreements with the central bank. However, the sector did not escape attention in 2018, when two companies handed over to the Central Bank a total of 5 million euros, a significant increase from the 1 million euros paid in 2017 and the 1.6 million euros in fines imposed in 2016. Of the 40 transaction agreements concluded by the Central Bank between 2016 and 2020, the infringement was detected in the vast majority of cases by the Central Bank due to the use of its own monitoring and investigation instruments, mainly thematic controls and on-site inspections. Of the approximately 40 transaction agreements reviewed, it appears that 6 or 7 (15%) in cases, the company itself was responsible for identifying potential infringements and then self-reporting the case to the central bank. However, even in these cases, companies that took the initiative to self-report violations were fined a large amount of 185 tonnes5 to 3.5 million euros, for an average of 1.3 million euros. Transaction agreements with insurers and reinsurers covered violations in a variety of areas, including bookings, solvency calculations, anti-money laundering requirements, the consumer protection code, the minimum competency code, minimum competency requirements and the corporate governance code. Investment Intermediaries/Insurance Intermediaries was fined EUR 1.1 million, but most of them consist of a transaction agreement with Capita Life – Pensions. Over the past five years, investment firms have been, from an interest point of view, on seven transaction agreements, resulting in fines totalling EUR 2.7 million to the Central Bank. Transaction agreements focused on breaches of licensing conditions, breaches of outsourcing requirements, anti-money laundering offences, violations of the trade rules