Risk management is a continuous process rather than a linear one. A pragmatic Know Your Obligations (KYO) strategy starts with building an ongoing monitoring approach by deconstructing regulatory obligations and then measuring the performance of related procedures and controls to assure compliance. The final step is to evidence that compliance.
This is a critical part of the process because, as far regulators are concerned, without that supporting documentation, it’s like it didn’t happen.
Employees at all levels of the organization make decisions that impact compliance every single day. To ensure that those decisions are wise ones, employees need to understand where they fit into the organization. If there's not a shared understanding of roles and responsibilities supported by controls and accountability there's a risk of chaotic compliance—and a chaotic culture across the firm.
Legislation has passed both Houses of the Australian Parliament to introduce the Financial Accountability Regime (FAR).
In recent months the SEC and CFTC have charged multiple Wall Street firms with widespread recordkeeping failures, handing down staggering penalties in excess of 1.5 billion dollars. Firms—including smaller ones—should only expect that the aggressive enforcement will continue. As Sanjay Wadhwa, SEC Deputy Director of Enforcement, noted in an August 2023 release, "we know that other SEC-regulated entities have committed similar violations, and so our work to enforce industry-wide compliance continues."
Are your books and records ready to stand up to regulatory scrutiny?
Duncan Stewart, the son of Chris Stewart - the former Bank of Melbourne chairman and respected figure in the Australian banking industry, faces multiple charges by the Australian Securities & Investments Commission (ASIC) over alleged insider trading in Kidman Resources shares.
