Financial Regulatory Forum

SEC’s Walter says she is open to alternatives to overseeing investment advisers

By Emmanuel Olaoye, Compliance Complete

WASHINGTON, Apr.19 (Thomson Reuters Accelus) - There are several ways to ensure adequate examinations investment advisers: by charging investment advisers user fees, getting a bigger budget from Congress or through a self-regulated organization that oversaw investment advisers, SEC Commissioner Elisse Walter said. The important thing is to get on with it.  (more…)

New regulations require cleaner data

By Mark Davies, contributing author for Compliance Complete

LONDON, Apr. 18 (Thomson Reuters Accelus) – Continuing efforts by financial regulators and by firms themselves to monitor and offset risk have affected almost all areas of firms’ operations, including the management and maintenance of data. The overhaul of global systems following the financial crisis has led to an audit of data, and specifically of the information which firms hold about themselves and their counterparties or clients, known as business entity reference data.

More regulation

This “data exploration” is being driven by the cumulative effect of several individual pieces of regulation, including the European Market Infrastructure Regulation (EMIR) and Solvency II in Europe and the Dodd-Frank Act and the Foreign Account Tax Compliance Act (FATCA) in the U.S., all of which are likely to have an impact globally. The primary goal of these proposals, with the exception of FATCA, is to improve risk management in the financial system.  (more…)

New Basel credit-exposure limits will force banks to think harder on concentration

By Bora Yagiz, Compliance Complete

NEW YORK, Apr. 9 (Thomson Reuters Accelus) - The Basel Committee’s March 26 plan on the supervisory framework for measuring and controlling large exposures is offering a new insight into how internationally active banks should determine their level of exposures to a single counterparty and a group of connected counterparties, and which factors they should weigh in making the necessary calculations.

The proposed framework recognizes for the first time that no form of concentration risk has been considered in the previous calculation of capital requirements. It, therefore, considers a large exposures framework to be complementing the Committee’s work on risk-based capital standards, which by themselves do not take into account the possibility of large losses due to concentration risk. (more…)

Ontario Securities Commission fines, bans “qualified person” in landmark enforcement over faked science

By Daniel Seleanu, Compliance Complete

TORONTO, April 5 (Thomson Reuters Accelus) – In a landmark settlement, the Ontario Securities Commission (OSC) has fined and permanently banned Bernard Boily for falsifying scientific research used in press releases by Bear Lake Gold Ltd., a mining exploration company listed on the TSX Venture Exchange in Toronto. When Bear Lake Gold announced that its research had been tampered with, it suffered a one-day market capitalisation loss of $42 million.

The Boily case is the first to come before the OSC that pertains to the conduct of a qualified person, a position defined as a gatekeeper of technical information under National Instrument 43-101 – Standards of Disclosure for Mineral Projects (PDF) (NI 43-101). (more…)

SEC has three words for hedge funds: “culture of compliance.” But what do they mean?

By Jeanette Turner, contributing author for Compliance Complete

NEW YORK, April 3 (Thomson Reuters Accelus) - The U.S. Securities and Exchange Commission inevitably emphasizes the importance of an advisory firm’s “culture of compliance,” in the regulator’s speeches, panel discussions, and announcements of enforcement wins and settlements. It stresses that firms will be held accountable when their employees break the law to benefit the firm. Having a “robust” culture of compliance can help firms avoid severe financial consequences. (more…)

U.S. class-action securities settlements fewer but more costly in 2012 after IPO slump, credit crisis; Libor looms

By Stuart Gittleman, Compliance Complete

NEW YORK, Mar. 26 (Thomson Reuters Accelus) - Court-approved securities class action settlements reported in 2012 were at a 14-year low and 18 percent fewer than in 2011 but they cost defendants twice as much as the prior year, a report released Wednesday said.

The study by the Stanford Law School Securities Class Action Clearinghouse and Cornerstone Research associated settlement values with factors including the presence of enforcement actions related to the lawsuits. This may hold clues to the outcomes in recently litigation over alleged manipulation of the global lending benchmark LIBOR, the London Interbank Offered Rate.  (more…)

Social media regulatory guidance for U.S. banks: a road map for the finance industry

By Margaret Paradis, Thomson Reuters Accelus Contributor

NEW YORK, March 15 (Thomson Reuters Accelus) - The pace of social media usage by the U.S. financial industry has begun to rapidly accelerate. One drag on broader and deeper usage, especially by banks, continues to be uncertainty about regulatory compliance standards. Not all segments of the industry have been moving at the same pace. The broker-dealers and insurance companies have forged ahead in this area, relying on issued regulatory guidance. Additionally, asset management is catching up with the benefit of regulatory guidance issued early in 2012. Banking organizations, however, have been acting without specific guidance in this area, creating an extra risk.

In January 2013, the Federal Financial Institutions Examination Council (FFIEC) addressed this risk by proposing specific guidance for the use of social media by federally supervised banks, and certain nonbank entities (collectively, banks), called Social Media: Consumer Risk Management Guidance (PDF)(more…)

Future higher ethical standards will judge today’s conduct, compliance experts say

By Stuart Gittleman, Compliance Complete

NEW YORK, March 14 (Thomson Reuters Accelus) - Companies that want to manage their legal and regulatory liability and their reputational capital should treat current standards as the starting point – not the finish line – for their ethics and compliance programs, conference attendees heard Tuesday.

“Your company will be judged in the future by what it does today. Transparency is rapidly increasing, and you don’t know how it will affect your business and reputation,” one of the speakers, Dirk Mohrmann, chief executive officer of World Compliance, told attendees at the 2013 Global Ethics Summit, which was held in New York and was sponsored by Ethisphere and Thomson Reuters. (more…)

IA brief: If you haven’t joined the social media bandwagon, you’re not alone

By Jason Wallace, Compliance Complete

NEW YORK, Feb. 27 (Thomson Reuters Accelus) – Financial planners use social media in their personal lives but shy away from it professionally out of concern over compliance issues and an uncertain regulatory environment, a recent survey reveals.

The survey of 3,500 certified financial planners was conducted by the Certified Financial Planner Board of Standards and released at the end of January It was accompanied by a social media guide for CFP professionals that can be broadly useful to any investment adviser representative, credentialed or not.  (more…)

Compliance is today’s slogan for upcoming law graduates, conference speakers say

By Stuart Gittleman, Compliance Complete

NEW YORK, Feb.13 (Thomson Reuters Accelus) - ”I just want to say one word to you. Just one word. Are you listening? Plastics,” a business executive told a young Dustin Hoffman in the 1967 movie The Graduate.

Today’s one word of advice to a young lawyer could easily be “compliance,” Brooklyn Law School Dean Nick Allard said Friday in opening a symposium on “The growth and importance of compliance in financial firms: meaning and implications.” (more…)

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