“‪Sharing Corporate Governance: The Role of Outsourcing Contracts in Banking”

This paper analyses the effects of outsourcing policies on banking corporate governance. The analysis of the regulatory framework shows that EU rules set a minimum size for a credit institution, to be guaranteed by the government bodies and the senior management of the bank. In this context, the research focuses on the role of contracts between the and ancillary services undertakings. These contracts apply bank’s outsourcing strategies, and then shall ensure the provision of services, according to the duty of safe and sound management required by supervising authorities. Therefore, the research will take into account the Anglo‐Saxon approach to the banking outsourcing, because outsourcing is not an option, but the consequence of certain market conditions. The authors reach a specific conclusion highlighting that the principles set by the European regulation appear to be designed to prevent that outsourcing translates into an ‘escape from responsibility’, and then that competent authorities shall make further steps towards a proper configuration of supervisory practices on outsourcing.