It’s that time of year again! The end of the year brings opportunity for corporate gift giving and holiday events—and with that ample risk for conflicts of interest.
Are your gifts and entertainment policies wrapped up in anticipation of the upcoming holiday season?
Special Purpose Acquisition Companies (SPACs) are a hot topic in the news right now—and an issue that’s been on the mind of SEC Chair Gary Gensler as well. In remarks at several events over the past few months he’s voiced concerns that SPACs can leave investors vulnerable and at risk.
The SPAC process leaves individuals and firms open to conduct risk and conflicts of interest along the way. And even as SPACs are in the limelight these days, it’s important to remember that there’s ample room for conduct risk in a traditional Initial Public Offering (IPO) as well.
Conflicts of interest are at the core of many regulatory compliance issues. But solely reacting to conflicts of interest after the fact is not enough to meet current regulatory expectations.
In remarks made at the PLI Broker/Dealer Regulation and Enforcement 2021 event in Washington, D.C on October 6, Gurbir Grewal, Director, SEC Division of Enforcement stated that the agency will “design penalties that actually deter and reduce violations, and are not seen as an acceptable cost of doing business”. He went on to say that the agency will be focusing on “proactive enforcement” to address risks before they cause any harm to investors.
Taking a predict and prevent mindset around managing conflicts of interest can provide the proactive approach that regulators are looking for—and the right technology can provide the means to get there.
According to the U.S. Securities and Exchange Commission’s 2021 Examination Priorities, in the last five years the number of Registered Investment Advisers the SEC Division of Examinations oversees increased from about 12,000 to more than 13,900, and the assets under management of RIAs increased from approximately $67 trillion to $97 trillion.
Because of the totality of assets managed, RIAs are always going to be a priority for the SEC. Examinations are not going anywhere. The Division has made significant process, staffing and technology updates to keep up with the growth and increase RIA coverage. In 2020, a year where COVID forced a mid-year switch to remote examinations, Division coverage of RIAs was 15%.
Financial services firms are among the most heavily regulated organizations worldwide.
From the FCA to FINRA to state-level legislators, financial services firms are subject to a web of compliance requirements and contractual obligations. Of course, it’s not enough to simply be compliant with these requirements—each firm has to prove it.
That’s where certifications and attestations come into play.
