Administrative Law

Download Essential Strategies for Financial Services Compliance by Annie Mills, Peter Haines PDF

By Annie Mills, Peter Haines

Compliance officials practice an essential, but unpopular function in thebusiness international as they suggest on complying with myriad ideas andregulations. what's stable for compliance is typically visible as beingbad for company, creating a compliance officer's function a difficultone. Essential ideas for monetary companies Complianceoffers useful assistance on how you can practice a regulatory requirementto daily occasions. It additionally indicates how you can converse thecompliance department?s actions to the remainder of the company, how therole matches in the association as an entire, what the scope andlimitation in their tasks are, what to do while issues gowrong, and the way to accommodate strange difficulties.

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Extra info for Essential Strategies for Financial Services Compliance

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Designated investments are a subset of specified investments to which detailed FSA requirements apply, such as those in COBS and TC. • Examples of investments ‘Specified’ under RAO but not ‘Designated’ by the FSA include Lloyd’s syndicate membership, rights under a funeral plan contract, deposits and electronic money, and certain mortgage contracts. • A number of designated investments are not defined as ‘financial instruments’ under MiFID. Designated investment business The FSA • Includes the following, where they are carried on by way of business: – – – – – – dealing in investments as principal; dealing in investments as agent; arranging deals in designated investments; managing designated investments; operating an MTF; safeguarding and administering designated investments; 9 10 Essential Strategies for Financial Services Compliance (Continued) Type Source Explanation – safeguarding and administering designated investments; – establishing, operating or winding up a collective investment scheme; – providing advice on designated investments; • Certain FSA rules (such as those in TC) are applicable to designated investment business whereas they do not apply to other activities.

Unless adequate staffing resources are available, this may detract from the department’s ability to undertake strategic work. More guidance in relation to defining responsibility for Compliance can be found on page 43, the Compliance Charter (Chapter 3). 1 that the role of the Compliance Officer is defined to some extent by the type of Compliance model your firm chooses to adopt. Irrespective of the model, there are a number of common responsibilities that all Compliance Officers need to assume to meet our brief to ‘stop things going wrong from a regulatory perspective, and to help to deal with them if they do’.

If your firm starts moving in that direction then you probably want to rein things back sharply, unless you have total confidence in the regulatory decision-making capabilities of your senior management . . which you probably do not. And even if you did give senior management responsibility for day-to-day Compliance decision making in the areas in which their frustrations lie (KYC perhaps, or financial promotions approvals) you would probably find that they would want to delegate it back to you as quickly as they could.

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