Top risks and controls for Trust Services
The Trust Services register lists 30 key risks and 60 best-practice controls across 6 units: Corporate Trust Services, Custody Services, Estate Planning, Fiduciary Services, Retirement Services, Trust Administration. Use it to identify risks, benchmark your existing controls or start a risk and control self-assessment (RCSA).
Any bank that deals with managing and protecting assets on behalf of its clients must have a trust services division.
These services include investment management, estate planning, and money management, among other things.
Trust services departments at banks must undertake risk analyses due to the sensitive nature of their work in order to guarantee the protection and safety of the assets entrusted to them.
A risk assessment aids in identifying potential threats and weaknesses that could jeopardise the dependability and integrity of the trust service.
Trust services departments can protect client assets, improve their reputation, and foster client trust by undertaking routine risk assessments.
Units covered
Corporate Trust Services: key risks and controls
Offers clients corporate trust services, such as managing escrow accounts and serving as a trustee in bond issuances.
| Risk | What can go wrong | Best-practice controls |
|---|---|---|
| Competitive pressures | Corporate trust services are a highly competitive market, with many players vying for market share. Commercial banks need to differentiate themselves by offering unique value propositions, such as superior technology platforms, specialized expertise, or innovative solutions. |
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| Expertise and talent | Providing corporate trust services requires specialized expertise and talent. Commercial banks need to have staff with the necessary skills and knowledge to manage the complex transactions involved in these services. This includes legal expertise, financial expertise, and technical expertise. |
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| Liability and risk management | Corporate trust services involve significant risk, and commercial banks providing these services need to manage their liability exposure. This includes developing effective risk management strategies, implementing robust legal and financial controls, and ensuring that the bank has adequate insurance coverage. |
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| Regulatory compliance | Corporate trust services are highly regulated and require compliance with a range of laws and regulations. Commercial banks providing these services need to ensure that they comply with all applicable regulations and maintain the necessary licenses and permits. |
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| Technology infrastructure | Corporate trust services require robust technology infrastructure to manage the complex transactions involved in these services. Commercial banks need to invest in technology platforms that can handle the complexity of corporate trust services while ensuring that data is secure and transactions are processed accurately and in a timely manner. |
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Custody Services: key risks and controls
Offers clients custody services, such as asset storage, trade settlement, and other custody-related services.
| Risk | What can go wrong | Best-practice controls |
|---|---|---|
| Competitive pressure | The custody services market is highly competitive, with many banks and other financial institutions offering similar services. Banks must differentiate themselves through innovation, service quality, and pricing strategies to attract and retain clients. |
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| Liability risk | Banks providing custody services can be held liable for losses or damages resulting from errors, omissions, or misconduct. This can create significant financial and reputational risks for the bank, which must be managed through appropriate risk management and insurance strategies. |
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| Operational complexity | Custody services involve managing a wide range of financial instruments, including stocks, bonds, commodities, and derivatives. Banks must have sophisticated systems and processes in place to manage these assets and ensure accurate record-keeping, reconciliation, and reporting. |
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| Regulatory compliance | Custody services are subject to strict regulatory requirements, including those related to capital adequacy, risk management, and reporting. Banks must adhere to these regulations to maintain their license to operate, which can be a significant challenge due to the complexity of the rules and the need for ongoing monitoring and reporting. |
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| Security | The safekeeping of clients' assets is a fundamental requirement of custody services. Commercial banks must have robust security measures in place to protect against theft, fraud, cyber attacks, and other risks that could compromise the integrity of the assets held in custody. |
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Estate Planning: key risks and controls
Offers clients estate planning services, such as the creation of wills and trusts, as well as guidance on tax and other estate planning-related matters.
| Risk | What can go wrong | Best-practice controls |
|---|---|---|
| Client trust | Estate planning is a sensitive and personal matter, and clients may be hesitant to discuss their financial and family situations with a bank that they do not have an established relationship with. Banks will need to build trust and demonstrate their expertise and commitment to serving their clients' best interests in order to attract and retain estate planning clients. |
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| Expertise | Estate planning is a complex area of law and finance, and it requires specialized knowledge and expertise to provide effective advice to clients. Commercial banks may struggle to attract and retain the necessary talent to offer high-quality estate planning services, particularly if they are competing with law firms and other specialized financial institutions. |
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| Fees and pricing | Commercial banks will need to establish competitive pricing structures for their estate planning services, which may be difficult to do if they are competing with specialized law firms and financial institutions that have lower overhead costs. Banks will need to carefully consider their pricing strategies in order to attract and retain clients while maintaining profitability. |
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| Integration with other services | Estate planning is just one aspect of a client's overall financial planning needs, and commercial banks will need to ensure that their estate planning services are integrated with other banking services, such as investment management and wealth management. This requires a coordinated approach across different departments and business lines within the bank. |
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| Regulatory compliance | Estate planning services are subject to a range of regulatory requirements, including state and federal laws related to wills, trusts, and estate taxes. Commercial banks will need to ensure that they are in compliance with all applicable regulations, which can be a complex and time-consuming process. |
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Fiduciary Services: key risks and controls
Provides customers with fiduciary services, such as managing assets on their behalf and serving as trustee or executor in estate and trust matters.
| Risk | What can go wrong | Best-practice controls |
|---|---|---|
| Competition | Commercial banks providing fiduciary services face competition from other providers such as trust companies, law firms, and accounting firms. Banks need to differentiate themselves by offering competitive pricing, superior customer service, and a wide range of products and services. |
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| Complexity of services | Fiduciary services can be complex and require specialized knowledge and expertise. Banks providing these services need to have experienced staff with the necessary skills and qualifications to provide these services effectively. |
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| Compliance and regulatory challenges | Banks providing fiduciary services are subject to various regulatory requirements, including reporting, record-keeping, and disclosure requirements. Ensuring compliance with these regulations can be time-consuming and expensive, and non-compliance can result in significant fines and legal liabilities. |
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| Liability risks | Fiduciary services involve managing assets on behalf of clients, which can result in potential liabilities if there are errors or omissions in the management of these assets. Banks providing fiduciary services need to have robust risk management processes in place to mitigate these risks and protect themselves and their clients from potential losses. |
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| Technology challenges | Fiduciary services often involve complex administrative tasks such as account opening, asset management, and reporting. Banks providing these services need to have robust technology platforms that can automate many of these tasks, reducing the risk of errors and increasing efficiency. However, implementing and maintaining these technology platforms can be expensive and time-consuming. |
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Retirement Services: key risks and controls
Provides clients with retirement planning and investment management services, including the management of retirement accounts and retirement planning strategy advice.
| Risk | What can go wrong | Best-practice controls |
|---|---|---|
| Client education | Many clients may not fully understand the importance of retirement planning or may not have a clear understanding of the retirement planning options available to them. Commercial banks must invest in client education and awareness programs to help clients understand the importance of retirement planning and to help them make informed decisions about their retirement planning options. |
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| Competition from specialized providers | There are many specialized retirement planning providers in the market, including financial planners, investment advisors, and insurance companies. These providers may have more expertise and experience in retirement planning than commercial banks and may be better positioned to meet the needs of clients. |
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| Complexity of retirement planning | Retirement planning is a complex and multifaceted process that requires specialized knowledge and expertise. Commercial banks may not always have the necessary resources or staff with the required expertise to provide comprehensive retirement planning services. |
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| Limited access to client data | Commercial banks may not have access to all of the client data they need to provide effective retirement planning services. For example, clients may have retirement accounts with other financial institutions or may have investments in non-bank products. This can make it challenging for banks to provide a comprehensive view of a client's retirement planning needs. |
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| Regulatory compliance | Providing retirement planning services requires banks to comply with a complex set of regulatory requirements. Compliance with these regulations can be time-consuming and expensive, and banks must ensure that they have the necessary systems and processes in place to meet these requirements. |
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Trust Administration: key risks and controls
Accountable for managing payouts, trust accounts, and investment management on behalf of clients while also administering trusts and managing assets.
| Risk | What can go wrong | Best-practice controls |
|---|---|---|
| Client relationship management | Trust administration services are often provided to high-net-worth individuals and families, as well as businesses and other organizations. Maintaining strong relationships with these clients is essential to retaining their business over the long term. |
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| Managing risk | Trust administration involves managing large sums of money and complex financial transactions. Banks providing trust services need to have robust risk management systems in place to ensure that they are effectively managing the risks associated with these transactions. |
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| Regulatory compliance | Trust administration services are subject to a complex web of laws and regulations at the federal and state levels. Compliance with these laws can be a significant challenge, especially as regulations are subject to frequent updates and changes. |
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| Talent management | Trust administration services require specialized skills and knowledge, including legal, tax, and financial expertise. Commercial banks need to attract and retain talented professionals in these fields to ensure that they can provide high-quality service to their clients. |
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| Technology | Technology is playing an increasingly important role in trust administration services, particularly as clients seek more online and digital solutions. Commercial banks need to invest in the latest technology to provide the best possible service to their clients while also ensuring that their systems are secure and resilient. |
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This register is a starting point for risk identification and benchmarking against international practice. Adapt the risks and controls to your institution's size, products, jurisdiction and regulatory requirements.
Get the Trust Services register as an RCSA workbook
A spreadsheet-ready CSV with every risk and control on this page, plus blank columns for control owner, inherent likelihood and impact, control design, operating effectiveness, residual rating and actions. We confirm your email with a 6-digit code, then email you the download link.
Frequently asked questions
What are the key risks in Trust Services?
The main risk areas covered are Corporate Trust Services, Custody Services, Estate Planning, Fiduciary Services, Retirement Services, Trust Administration. Each unit lists its key risks with a short explanation and the best-practice controls that mitigate them.
How do I use this register for a risk and control self-assessment?
Select the risks that apply to your units, map the listed controls to the controls you actually operate, rate inherent risk and control effectiveness, then agree actions for gaps. The free RCSA workbook on this page has the columns ready.
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