Financial Regulatory Forum

Enforcement against Citibank serves as reminder that compliance counts in product development

April 12, 2012

By Brett Wolf

NEW YORK, April 12 (Thomson Reuters Accelus) – A financial institution’s anti-money laundering team must have the authority to question account relationships and business plans, and any objections must be taken seriously. That was one of the key lessons to be learned from the last week’s regulatory enforcement action against Citibank over AML weaknesses, experts said.

JOBS Act provision opens door to hedge fund advertising, trade group urges caution

April 9, 2012

By Emmanuel Olaoye

NEW YORK, April 9 (Thomson Reuters Accelus) – A little known provision of the new small-business capital JOBS Act opens the door to advertising by hedge funds, but an industry organization cautioned members that the advertisements must still comply with state laws and other regulations.

Disclosures 2012: level of cyber-security risk disclosures varies after new SEC guidance

April 6, 2012

By Robert Kalb

NEW YORK, April 6 (Business Law Currents) – Ever-growing reliance on technology in customer interactions, proprietary data storage and even normal business operations is creating increased risk for companies working to ensure these systems remain uncompromised. As threats of cyber-attacks expand across industries, and given the potential material impact on operations, the security of these digital technologies from internal and external threats is vital.

Time to merge risk management and compliance?

April 5, 2012

By Rachel Wolcott

LONDON/NEW YORK, April 5 (Thomson Reuters Accelus) – Regulators’ rising interest in risk management combined with a long trail of big fines for compliance failures has some consultants and industry leaders wondering whether it is time for the two disciplines to come closer together if not merge completely.

Financial institutions and investment funds should prepare now for FATCA

April 4, 2012

By Steven D Bortnick, contributing author for Thomson Reuters Accelus

NEW YORK, April 4 (Thomson Reuters Accelus) – The enactment of the Foreign Account Tax Compliance Act (FATCA) as in March of 2010 has sent shock waves through financial institutions and investment fund management companies. FATCA aims to obtain information to prevent U.S. persons from evading taxation through the use of foreign entities. Although the law does not fully enter in force until January 1, 2013, the effort to become compliant with FATCA should begin immediately. Some tips on how to do so are noted below.

SEC examiners enter U.S. boardrooms to gauge compliance

April 4, 2012

By Nick Paraskeva

NEW YORK, April 4 (Thomson Reuters Accelus) – The U.S. Securities and Exchange Commission plans to reach into the boardroom to assess a financial firm’s culture of compliance, a senior commission official told a conference in New York.

Convicted inside trader Bauer warns others to “think harder” before breaking the law

April 2, 2012

By Emmanuel Olaoye

NEW YORK, (Thomson Reuters Accelus) – A former registered representative who was convicted last year of participating in a $37 million insider-trading scheme on Tuesday warned would-be securities law violators to think twice before breaking the law.

U.S. Treasury wants financial institutions to help combat identity theft-related tax frauds

April 2, 2012

By Brett Wolf

NEW YORK (Thomson Reuters Accelus) – U.S. Treasury Department reminded financial institutions of their obligation to lend a hand as the Internal Revenue Service struggles to crack down on rampant schemes using identity theft to obtain fraudulent tax refunds via electronic filings.

Disclosure system no guarantee of protection for China-focused investors

March 26, 2012
By Helen H. Chan (Hong Kong)

HONG KONG/NEW YORK, March 26 (Business Law Currents) – China’s bourse regulators and the nation’s IPO watchdog, the China Securities Regulatory Commission, have been busy brainstorming improvements to legislation governing the disclosure requirements of listed companies in the PRC.

Corporate governance: succession planning through crises and emergency transitions

March 23, 2012

By Alex Lee

NEW YORK, March 23 (Business Law Currents) – In an environment of increased corporate governance scrutiny, succession planning through both departures and crises is a focal point for shareholder interests and transparency-related issues. Companies historically kept succession plans close to their vests, but recent succession episodes at Apple Inc., Bank of America Corpand Hewlett-Packard have highlighted the multitude of issues that shareholders have with respect to the concern shown by boards on such a significant matter.