SEC and FINRA have recently announced the priorities for their 2015 examination programs. The priorities are divided into 4 categories: a) retail investors; b) market wide risks; c) data analytics; and d) other areas.
Retail investors: In consideration of recent industry trends, including the fact that registrants are developing and offering to retail investors a variety of new retirement products and services, the program will focus on 4 key areas that tend to center on retirement accounts:
- Fee arrangements: The program will focus on recommendations regarding account types and if they are in the best interest of clients, including the fees charged and the risks.
- Sales practices: The focus will be on the sales approach used regarding the movement of retirement assets from employer plans to individual accounts, including the fees charged and the risks.
- Suitability: The staff will focus on recommendations and determinations to invest retirement assets into complex or structured products and higher yield securities including due diligence conducted, disclosures made and the suitability of recommendations.
- Branch offices: In this area the staff will focus on supervision issues and use its analytics to assess deviations from compliance practices.
Market-wide risks: Focus will be on structural risks and trends that can impact multiple firms or an entire industry. Areas of focus include:
- Large firms: In conjunction with Trading and Markets the program will focus on the largest broker-dealers and asset managers to assess risk at individual firms and across industries.
- Clearing agencies: All agencies assessed as systemically important will be examined using a risk based approach.
- Cybersecurity: Building on an initiative started last year, the program will focus on compliance and controls.
- Execution: The program will focus on potential conflicts involving payments or credits for order-flow and the duty of best execution.
Data analytics: Enhanced analytics will be used to assess the potential to engage in fraudulent and/or other potentially illegal activity including:
- Recidivists: This involves the identifications of those with a record of misconduct.
- Microcap fraud: Identification of brokers and transfer agents that may be involved with microcap fraud such as market manipulations. Enforcement also has a microcap fraud task force which focuses on these areas.
- Excessive trading: The focus here is on clearing and introducing brokers to identify excessive trading. This complements the retail issues listed above.
- AML: This will focus on clearing and introducing brokers that have not filed SARs or have filed reports which are incomplete and brokers who permit deposits of cash or direct access to the markets.
Other areas: Other priorities for the Division include municipal advisers, proxy services, never before examined investment companies, fees and expenses in private equity and transfer agents.
FINRA: Will focus on the sale and supervision of interest rate sensitive and complex products, transactions centered on wealth events for investors and cybersecurity, including platforms that interact with the markets. In addition, FINRA identified the following five broad areas of focus:
- The alignment of firm and customer interests;
- Standards of ethical behavior;
- The development of strong management and supervisory systems;
- The development and marketing of novel products and services; and
- The management of conflicts of interest.
For further information please feel free to contact our office at (818) 657-0288.
According to FINRA’s 2015 Regulatory and Examination Priorities Letter “FINRA examiners will look for concentrated positions in products that are highly sensitive to interest rates—such as long duration fixed income securities, high yield bonds, mortgage-backed securities, or bond funds composed of interest rate-sensitive securities—and test for suitability and adequate disclosures. Examiners may also review firms’ efforts to educate registered representatives and customers about such products”
If this is an area of concern for your firm, please feel free to give us a call at (818) 657-0288 for a consultation.
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