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Banking (prudential standard) determination No. 12 of 2006 - Prudential Standard APS 231 - Outsourcing
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Turn the raw legal text into a practical explanation grounded in Banking (prudential standard) determination No. 12 of 2006 - Prudential Standard APS 231 - Outsourcing.
An ADI must notify APRA as soon as possible after entering into an agreement to outsource a material business activity to a service provider and in any event no later than 20 business days after execution of the agreement between the ADI and the service provider. This notification requirement applies to all outsourcing of material business activities.
When an ADI notifies APRA of a new outsourcing agreement, it must also provide a summary to APRA of the key risks involved in the outsourcing arrangement and the risk mitigation strategies put in place to address these risks. APRA may request additional material where it considers it necessary in order to assess the impact of the outsourcing arrangement on the ADI’s risk profile.
Offshoring arrangements – requirement for consultation
An ADI must consult with APRA prior to entering into any offshoring agreement involving a material business activity so that APRA may satisfy itself that the impact of the offshoring arrangement has been adequately addressed as part of the ADI’s risk management framework.
If, in APRA’s view, the offshoring agreement involves risks that the ADI is not managing appropriately, APRA may require the ADI to make other arrangements for the outsourced activity as soon as practicable.
Monitoring the relationship
(a) maintaining appropriate levels of regular contact with the service provider. This will range from daily operational contact to senior management involvement; and
(b) a process for regular monitoring of performance under the agreement, including meeting criteria concerning service levels.
The ADI must advise APRA of any significant problems that have the potential to materially affect the outsourcing arrangement and, as a consequence, materially affect the business operations, profitability or reputation of the ADI.
When an ADI terminates an outsourcing agreement it must notify APRA as soon as practicable and provide a statement as to the transition arrangements and future strategies for carrying out the outsourced material business activity.