Financial Regulatory Forum

COLUMN: Picture set to clarify for captive reinsurance regulatory muddle

By Guest Contributor
November 24, 2015

By Lawrence Hsieh, Practical Law

NEW YORK, (Thomson Reuters) – The regulatory environment for captive reinsurance, the technique used by life insurance companies to leverage statutory reserves seen as redundant and free up capital for other purposes, may soon come to a head after being in flux since 2013 .

Spoofing or just fast trading? Chicago case helps unwrap mystery

By Guest Contributor
November 19, 2015

By Richard Satran, Regulatory Intelligence

NEW YORK, (Thomson Reuters) – Compliance professionals were startled when a jury in the futures industry’s home base of Chicago convicted a veteran commodities trader of “spoofing,” a crime punishable by up to 25 years in prison but involving a kind of market manipulation once thought too vaguely defined to be prosecuted. It was surprising that a case of such complexity could be brought to such a conclusion, even more that jurors took just an hour of deliberation to do so.

IMPACT ANALYSIS: Ontario regulator’s review cites suitabilty, know-your-customer lapses at exempt market dealers

By Guest Contributor
November 17, 2015

By Helen Chan, Regulatory Intelligence

ONTARIO, Canada (Thomson Reuters) – The Ontario Securities Commission has highlighted Know-Your-Customer (KYC) deficiencies as one of the significant compliance problems facing exempt-market dealers in Ontario. The annual report by the OSC’s Compliance and Registrant Registration branch (CRR) of the Ontario Securities Commission signals that the market regulator of Canada’s financial capital is becoming increasingly more concerned that inadequate KYC efforts by registrants is leading to exempt securities being sold to investors who fail to qualify under a prospectus exemption. (more…)

COMMENTARY: SEC needs scalpel instead of chainsaw in revising beneficial ownership rules

By Guest Contributor
October 29, 2015

By Lawrence Hsieh, Practical Law

The U.S. Securities and Exchange Commission is considering whether and how to stop the regulatory arbitrage by shareholder activists of gaps in Securities Exchange Act disclosure requirements, which activists have exploited to gain significant stakes in public companies before incumbent management notices. Shareholders may be best served if the SEC takes a scalpel rather than a chainsaw to address the issue. (more…)

U.S. regulatory guidance improves quality of resolution plans, but more work remains

October 27, 2015

Banks need to improve data management and reporting practices in their U.S. mandated resolution plans, but they have nonetheless made progress in meeting regulators’ expectations with the help of customized playbooks on issues such as governance, reporting, and management information systems, participants learned in a webinar by consultancy Deloitte(more…)

UPDATED: IMPACT ANALYSIS: Saba Capital sued by investor over valuation practices; is SEC next?

By Guest Contributor
October 20, 2015

By Todd Ehret, Regulatory Intelligence

NEW YORK, (Thomson Reuters) – A recent U.S. lawsuit filed by the Public Sector Pension Investment Board of Canada against hedge fund manager Saba Capital Management has drawn attention to fund valuation procedures.

Broker-dealers face big compliance challenge, new costs in FINRA stress tests

By Guest Contributor
September 30, 2015

By Richard Satran, Regulatory Intelligence

NEW YORK, Sept. 30, 2015 (Thomson Reuters Regulatory Intelligence) – Broker-dealers who have been largely spared the burden of the painful stress testing that major bank faced after the financial crisis of 2008 will finally taste some of the medicine given to the financial giants.

The growing role of the insurance compliance officer

September 24, 2015

The role of the insurance compliance officer has evolved from a purely advisory role into a proactive one with internal audit characteristics in the last few years according to a white paper by Ethical Corporation, a global business publication.  (more…)

COMMENTARY: ‘Get tough’ law enforcement needs ‘get tough’ governance, too

By Guest Contributor
September 23, 2015

By Scott McCleskey, Regulatory Intelligence Expert

NEW YORK, Sept. 23, 2015 – The U.S. Justice Department’s initiative to focus on individual culpability in corporate crimes is long overdue and holds the potential, if vigorously pursued, to put teeth into efforts to enforce the law by deterring criminal activity. There are costs and perils to this approach, but the continuing litany of corporate misbehavior despite rising corporate fines suggests that other approaches have been less than effective. (more…)

COMMENTARY: Citigroup surveillance lapses: “but for the grace of God”

By Guest Contributor
September 9, 2015

By Scott McCleskey, Regulatory Intelligence Expert

NEW YORK, Sept. 9 – The recent SEC enforcement action against Citigroup for trade surveillance lapses provides an embarrassing lesson about the pitfalls of technology and the importance of the “third line of defense”, an effective audit of the processes of compliance and other control functions. (more…)