MyComplianceOffice Blog

Many of the firms that I work with, both large and small, work with representatives that are independent contractors. I am frequently asked how technology can help firms supervise their independent reps, especially in these days of remote work. The past few weeks have seen FINRA impose significant fines and sanctions against a range of firms for supervisory failures. Firms must have processes in place to monitor activities and mitigate this risk.

During the webinar A Compliance Officer’s Crystal Ball – One Practitioner’s Predictions for 2021, Compliance Expert Mark A. Egert joined me for his take on what will be the most important compliance concerns of the upcoming year.

Mark also answered some excellent questions during the presentation, and there were a few more that we couldn’t get to because of time. I wanted to take a moment and recap of few of the questions and answers.

The Federal Election Commission (FEC) recently released their Statistical Summary of 18-Month Campaign Activity of the 2019-2020 Election Cycle. The data shows that the 2020 election cycle has so far seen record-breaking political donations across the board.

 This unprecedented level of contributions combined with stringent regulations, low donation thresholds, and past history of strict enforcement actions means that Pay-to-Play compliance needs to be a top-of-mind concern for firms of all sizes right now.

Remote work is a part of the current normal in the financial services industry, in the short term and maybe even longer. Arizent, the parent company of American Banker, PaymentsSource, The Bond Buyer and other titles, recently released a survey polling executives to understand how firms are planning the return to the workplace for their employees.

Even as some firms have begun the process of reopening offices, the survey shows that almost 6 out of 10 employers are uncertain about the timing of when employees return to the workplace, and more than half report reluctance from their employees around going back to an in-person work environment. The survey also highlighted that 48% of employees are very interested and 30% are somewhat interested in continuing to work from home. 70% of financial services and 80% of professional services firms polled are likely to allow their employees to continue to work from home if their position allows it.

On April 7 the SEC published two Risk Alerts providing broker-dealers and investment advisors with information on the expected scope of initial Regulation Best Interest enforcement. The guidance indicated that initial exams will focus on evidence that firms have made “good faith” efforts to comply.