MyComplianceOffice Blog

Insider dealing is a perennial concern for regulators around the globe. Agencies like the SEC, the FCA, BaFin and the AMF are using the latest technology to detect insider trading, misuse of insider information and market abuse. Regulators increasingly expect as well that firms will have the latest technology in place in order to demonstrate that they are taking a comprehensive and proactive approach to managing access to insider information and employee personal account dealing compliance.

Temperatures are hot across the United States right now – and so is U.S. Securities and Exchange Commission (SEC) enforcement activity. The last few weeks have seen a flurry of Insider Trading actions from the U.S. Securities and Exchange Commission and the Department of Justice against individuals ranging from a Chief Compliance Officer to a Chief of Police.

It’s 4PM on a Friday. You were hoping to wrap up for the day to start your weekend, but there’s a deal to be closed. The CEO is looking for confirmation that there are no conflicts around outside business activities or any other potential conflicts of interest, and he needs that info stat.

The days when firms could write off regulatory fines as the cost of doing business are long over. Both the financial penalties and the reputational damage are too costly in the current regulatory environment.

According to the 2023 Starling Compendium, firms must have processes in place to prevent misconduct from happening in the first place.

The United States Securities and Exchange Commission's Division of Examinations  Risk Alert: Observations from Examinations of Newly-Registered Advisers covers the regulator’s typical focus areas and common observations. The Alert warns newly-registered advisers to pay close attention to the firm’s compliance policies and procedures, disclosures and marketing practices – advice that well-established firms should be heeding as well.