Oireachtas Joint and Select Committees

Wednesday, 29 April 2015

Committee of Inquiry into the Banking Crisis

Nexus Phase

Mr. David Duffy:

I think there is a correlation between them, for certain. I think the documentation kept by the bank in terms of its process was inadequate in many respects. I think the composition of some of the loans were rolling up, loans which were classified as equity, it was poor practice if you look at a commercial norm. I think when you look at a bank, it has lending and trading risk, it has operational risk and it has funding and capital risk. The operational risk is something that will damage a bank materially. If you do not have good process in a bank then all the other things in the world can go horribly wrong. I experienced, as did the team on asset transfers, very poor documentation in lots of cases and we had a huge initiative within the bank to restitute that inadequacy. Solicitors' undertakings would be a classic example.

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