In what some might call an early heads up, the SEC and FINRA in January issued annual guidance to the firms they regulate, according to a blog by Todd Cipperman of Wayne, Pennsylvania-based Cipperman Compliance Services.
“If past is prelude, the regulators will fulfill their promises to examine the highlighted areas,” Cipperman writes. Among top priorities, the regulatory agencies recommended that compliance teams “spruce up procedures and testing” around
The SEC’s Office of Compliance Inspections and Examinations oversees 12,000 RIAs and 4,000 broker-dealers, according to the agency. FINRA supervises more than 634,800 brokers and 3,800 securities firms, levying
Both OCIE and FINRA said they welcome feedback about their priorities, with FINRA CEO Robert Cook specifically mentioning a “listening tour” of member firms.
“Some have asked me when my listening tour will be finished,” he wrote. “The short answer is: never.”
For Cipperman’s top 10 significant priorities in exams this year, click through our slideshow. To view his commentary on the 10 most significant changes to Form ADV,
Suitability
The SEC warned against conflicts of interest involved with some classes of mutual funds, as well as possible breaches of fiduciary duty with respect to wrap fee programs, he notes. FINRA pledged to examine training practices and clients’ concentration in high-risk investment products. (Photo by Bloomberg News)
Cybersecurity
“In 2017, we will continue our initiative to examine for cybersecurity compliance procedures and controls, including testing the implementation of those procedures and controls,” according to OCIE’s guidance.
Bad brokers
FINRA devoted a section of its guidance letter to the issue.
The regulator “will assess whether firms develop and implement a supervisory plan reasonably tailored to detect and prevent future misconduct by a particular broker based on prior misconduct and regulatory disclosures,” according to its letter.
“We will also focus on firms with a concentration of brokers with significant past disciplinary records or a number of sales practice complaints or arbitrations.”
Senior investors
“The regulators are concerned with suitability, especially related to high-yield products, target-date funds and variable insurance products,” Cipperman writes.
Public pensions
Practices such as “pay to play and undisclosed gifts and entertainment” merit more scrutiny this year, according to OCIE’s guidance letter.
“Pension plans of states, municipalities and other government entities hold a large amount of U.S. investors’ retirement assets,” OCIE wrote in its letter. “We will examine investment advisors to these entities to assess how they are managing conflicts of interest and fulfilling their fiduciary duty.”
Branches
Anti-money laundering
“Money laundering and terrorist financing continue to be risk areas that are considered in our examination program,” according to OCIE.
Robo advice
ETFs
Private funds
The reviews will center on “conflicts of interest and disclosure of conflicts as well as actions that appear to benefit the advisor at the expense of investors,” according to OCIE.