If the first stage of a pragmatic Know Your Obligations strategy is deconstructing and understanding compliance obligations to define where you need to keep your focus, the next step is mapping policies, procedures and controls to performance indicators to be able to accurately assure compliance.
Essentially, at this stage, we need to answer the question: What do we actually need to monitor?
Insider trading cases have seen a variety of sentences over the years. However, some jurisdictions have recently increased their focus on these cases, seeing more convictions and higher sentences. Blackout periods are a critical component of any public company’s trading policy to minimise the risk of insider trading occurring.
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.
Hong Kong’s Securities and Futures Commission (SFC) has published its consultation conclusions on proposed amendments to enforcement-related provisions of the Securities and Futures Ordinance (SFO) (Note 1).
Regulations, frameworks, policies and controls define the day-to-day of the Chief Compliance Officer (CCO) and their teams. It’s fair to say that it is an important yet often troublesome undertaking to make sense of what can often be described as monitoring spaghetti. At the same time, the teams also need to ensure they are keeping senior execs and the Front Office engaged and compliant.
So how can the CCO set regulatory priorities, identify policy and procedure gaps and understand compliance obligations?
