First and foremost, Registered Investment Advisers (RIAs) are held to a standard of fiduciary duty by the SEC. As defined by the SEC, RIAs must act in the best interests of their clients, should not engage in activities that are in conflict with the interest of the client, and must provide a full disclosure of all material facts to clients and prospective clients.
To prove that they are able to meet these standards, RIA firms must have solid compliance programs in place.
Failing to adequately manage Material Non-Public Information (MNPI) remains a high-risk area for compliance, as evidenced by recent actions in the United States, the United Kingdom and across the globe for issues including insufficient insider trading compliance policies, market abuse and failure to effectively manage insider information.
If you work in the financial services industry, you know how important it is to have clear, consistent, and compliant policies and procedures. Policies and procedures enable firms to align operations with strategic objectives, meet regulatory requirements, and foster a culture of accountability and transparency.
But managing policies and procedures is often easier said than done. It can be a complex and challenging endeavor to create, update, communicate, and enforce policies and procedures across the firm—and to ensure policy stays up to date in times of flux and uncertainty.
It's been about six months since the Consumer Duty came into force, setting higher and clearer standards for consumer protection across the financial services industry.
How are firms doing with their implementations and delivery of the good customer outcomes that the FCA expects as the duty comes into force? The agency recently published guidance on lessons learned, including good practices and areas for improvement.
The 2024 FINRA Annual Regulatory Oversight Report provides firms with insight into findings from FINRA’s regulatory operations programs including Member Supervision, Market Regulation and Enforcement. Addressing a broad range of topics spanning conflicts of interest, disclosures, communication practices and crypto asset compliance, the report contains information that firms can use to strengthen their compliance programs in 2024 and beyond.
