MIFID II What Compliance Wealth Managers & Advisers Need To Get In Place

MIFID II What Compliance Wealth Managers & Advisers Need To Get In Place

MiFID II finally comes into effect on 3 January 2018

Although there may still be some grey areas, it is time to make sure you have your compliance arrangements in place or being progressed so that there are no nasty surprises.

Get a PDF of this post from this link (right click and “download as…”)

Here are 11 things we suggest wealth managers, asset managers or independent financial advisers do to best prepare themselves ahead of the New Year deadline:

1. Not only make a register of all conflicts of interest, but also articulate how these are mitigated or managed and review them, at least annually.

2. Review whether your firm needs additional qualifications, training or Part IV permissions to maintain independent status.

3. Structured Deposits: * HOTSPOT* Apply for new permissions by 2 January 2018 if you wish to advise on these.

4. Carefully consider your recruitment procedures and ascertain if they need tightening (consider SM&CR impacts too).

5. Conduct Risk: Review your remuneration structure and ensure no incentives negatively impact clients.

6. Decide which staff the “Personal Account Dealing” rule should apply to, and create a register of direct equities they hold.

7. Create or amend your Personal Account Dealing policy to reflect the need to report staff holdings changes.

8. Legal Entity Identifier: * HOTSPOT* Decide if you need to apply for this through the London Stock Exchange.

9. Confirm if your discretionary fund manager (DFM) or platform will offer online reporting access and thereby avoid the need for time consuming paper reporting.

10. Ensure you are comfortable with and confirm whether your DFM or platform will issue the 10% loss notification and how. This an extension of the COBS 16.3 rules (https://www.handbook.fca.org.uk/handbook/COBS/16/)

11. Check your agency agreement with your DFM where model portfolios are being used: does the responsibility for regular and ongoing checking of suitability sit with you as the adviser?

Legal Entity Identifier (LEI)
A key impact of the new regulations is that from 3 January 2018, an investment management firm will only be able to continue trading in financial markets on behalf of certain clients if those clients have obtained a LEI. If you have clients that are required to have an LEI, have you informed them of this? These entities include; Trusts (but not bare trusts), Companies (public and private), Pension Funds (but not selfinvested, personal pensions), Charities, and Unincorporated Bodies.

Note that investment trusts and ETFs are not excluded from the requirement for a LEI. Advisers might need to consider whether the cost of an LEI has any impact on a decision to use other than collectives in portfolios. The other point to note is that an LEI is NOT required if investment is being made exclusively in collectives such as investment bonds, OEICs or unit trusts.

How do you obtain an LEI?
The LEI can be obtained directly from the London Stock Exchange (LSE) for an initial fee of £115+VAT and there is an annual renewal fee of £70+VAT.

 

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Keywords: Regulatory Compliance And Governance, Regulatory Compliance Best Practices, Regulatory Compliance Banking Industry, Regulatory Compliance Consultant, Regulatory Compliance Consulting Firms, Regulatory Compliance Experience, Regulatory Compliance Financial Services, Regulatory Compliance Firms, Regulatory Compliance In Banking, Regulatory Compliance Program

Money Laundering Regulations 2017 Changes

Money Laundering Regulations 2017 Changes
As you know, the 26 June 2017 saw the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (“MLR 2017”) came into force, having been made, laid before Parliament and approved all on 22 June 2017.

Regulated businesses are now faced with the inestimable task of ensuring both their firm-wide and client-specific risk assessment processes and procedures are sufficiently robust to comply with MLR 2017 – after the commencement date.

If you use an external Compliance Service, they may well have provided you with an update on the legislation before it came into force, however, anyone who used the original draft in the belief that they would be the final rules will have failed to identify key points that are required by firms, that have been changed or were introduced in the final legislation.

Questions You Need To Ask

1. Have we reviewed the definitions and procedures in accordance with the MLD4?
2. Have we updated the CDD/EDD/SDD and Beneficial owner sections?
3. Have we trained our staff on the changes?
4. Is our policy up to date?
5. Is our policy approved by the board?
6. Would our AML/KYC/FC preparations or current arrangements stand up to independent external scrutiny?
7. Do you need to review the ‘state of play’ within your firm?

If the answer to ANY of these questions is “NO”You Need Our Help.

After a comparative analysis of the draft Regulations and the final MLR 2017 from the draft published by HM Treasury in April 2017 there are key differences which we have identified below.

Risk Assessment & Review
At your business level, two risk assessments are required. A business-wide risk assessment of money laundering and terrorist financing geographical features, transactions, products and delivery channels, as well as a specific risk inquiry prior to the commencement of each client relationship and, following a consideration of customer type, indeed, during the course of the relationship.

Governance Requirement
Regulation 19 of the Act shows a positive duty on regulated businesses to “regularly review and update” such policies and controls has been inserted in Regulation 19( 1)(b). Businesses will also be required to maintain a written record of all changes to AML policies, controls and procedures made because of a review plus all “steps taken to communicate” the changes to staff. This means that your version control is now of paramount importance. A similar requirement applies in Regulation 20 to parent companies in the UK, falling within the scope of a “relevant” (regulated) person.

Internal Controls
Alongside the requirement to implement and regularly review AML policies and procedures, is a requirement in Regulation 21 that regulated persons implement internal controls applicable to employees engaging with compliance matters. Previously, the draft Regulations required a firm to “carry out screening of relevant employees and agents” at regular intervals. “Screening” relates to assessing the skills, knowledge and expertise of a particular individual. The final version of the Regulations, however, has slightly lessened the compliance burden in one respect by dropping the reference to “agents” in Regulation 21.

Training records
A duty to maintain written records of training provided to relevant employees, which practically would include all fee earners and those in the Compliance function, also appears in Regulation 24. No such duty featured in this April’s draft Regulations.

Special Offers For Limited Number And/Or Date
If you want to get an up-to-date AML & CTF Manual, please click on this link (http://aml-compliance-manual-ofac-sanctions-ctf.co.uk) and use the code “CCMLD4” in the payment box.

Hurry because this only valid for the first 25!

If you want to take advantage of our policy checking offer, go to our special offer HERE but hurry, this is only on sale until the 31st August!

Money Laundering Regulations 2017 Changes

You might also be interested in;

How Can You Adapt To The Growing Rate Of Regulatory Change With Confidence?

Regulatory Rules Mapping

Getting FCA Authorisation

 

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What the FCA found when it did a Suitability Assessment of the IFA Sector in 2017

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What the FCA found when it did a Suitability Assessment of the IFA Sector in 2017

The Independent Financial Advice (IFA) sector was given a clean bill of health by the FCA in May 2017. Or was it?

A suitability review of 1,142 separate pieces of advice given by 656 firms against the rules in the Conduct of Business sourcebook showed that in 93.1% of cases, advice provided was suitable.

Interestingly enough, and one that the regulator has now agreed, they used a simple balance of probabilities of extrapolation of the data in their assessments, across the industry. This does not mean that the processes used to arrive at the suitable advice were correct, simply that the advice provided was more than likely to be what the client should have been recommended.

You have to dig your way through appendix 1 to find that 481 of the 656 firms in the sample had a single file examined. The file was chosen randomly, from advice given in 2015. We are pretty sure if an IFA told the FCA that its own quality assurance consisted of one file it would get a sudden amount of regulatory attention.

What, if any, assurance can consumers understand from this? Simply that in 2015, 481 firms of IFAs gave a single good piece of advice. The advice in 2013 could have been terrible and 2014 may not be described in any positive way.

So the next question must be; how is this reflected within the industry?

In January 2017, the Financial Services Compensation Scheme (FSCS) issued a statement, announcing three supplementary levies for 2016/17, totaling ₤114mn. Its Chief Executive explained:

” We will ask life and pensions intermediaries to pay their share of an additional ₤ 36m to fund compensation for the high numbers of SIPP-related claims we are continuing to receive, but also need to trigger a cross subsidy for the first time. These claims relate to advice to switch pension funds into high risk investments. We previously flagged the potential for high costs here … And we currently expect a deficit of ₤ 15m on our home finance intermediation account due largely to the failure of one particular firm that gave bad advice to engage in risky property investments alongside mortgage advice.”

The State of Play

The FCA says everything is fine. The FSCS says it needs more money due to poor advice surrounding self-invested pension plans, and pension transfers. In 2017 alone, the FSCS declared 90 firms in default. A lot of these were IFAs whose professional indemnity insurance claims limit were exhausted, and who couldn’t fund the Financial Ombudsman Service’s awards.

If you were running an IFA business, would you be telling everyone that the FCA are happy with ALL adviser’s and their suitable advice, or would you keep quiet in case someone digs deeper and finds the methodology was questionable?

We can help you with all your compliance support issues

 

What the FCA found when it did a Suitability Assessment of the IFA Sector in 2017

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FCA Authorisation: What Does It Cost And Why Compliance Consultant Is Your Best Option

FCA Authorisation: What Does It Cost And Why Compliance Consultant Is Your Best Option

Many firms are seeking Financial Conduct Authority (FCA)

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We quote realistic and hugely competitive prices and can also provide the additional governance and other documentation needed in our “all inclusive” prices. We complete all forms except the key business ones that only you know (business plan etc).

We can tell you how long the application is likely to take and the best ways to “Package” your application to satisfy the case officer reviewing your application.

Our prices are fixed and typically a lot cheaper than most companies. Beware of the extras that others charge like providing required policies, help with completion of the documents etc.

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The Responsibility of Compliance Directors Is Growing And It Is Vital They Have Their Finger On The Pulse.

The Responsibility of Compliance Directors Is Growing And It Is Vital They Have Their Finger On The Pulse.
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The Responsibility of Compliance Directors Is Growing And It Is Vital They Have Their Finger On The Pulse.

Instruction book on how to perform a role under UK regulatory requirements for a firm to meet compliance.

As a UK Financial Services Regulatory Compliance Executive who desires to be sure they have all bases covered before any regulatory visit; or maybe wish to know the secret tips of compliance risk assessments and business or operational risks; or perhaps are new in the job and want insights into hot-topics, enforcement and regulatory methodologies and best practice. If so then the “Compliance Manager Guidebook & Reference” is written for you.

Regulatory Compliance is constantly changing and many people need to know; What do the most recent changes mean? What changes have happened to the regulatory Handbooks? What effect does this have on the sales process? Does the documentation have to be adjusted? Does the sales process have to be amended? Whenever these questions are asked, everyone turns toward “compliance” to find out. If you are new or an old-timer, you have to know what the latest changes are and the best ways to apply the requirements to your firm. If you need any of this and may want to develop the role of the compliance officer within the compliance function or the entire firm then help is at hand.

If you are hoping to discover the affect on compliance and identify areas that cause concern to most compliance professionals, then you’re about to discover how to start improving, today! In fact, we will deal with a number of aspects of the role of the Compliance Manager concerning the regulators and the regulators current perspective and hotspots, by having this Ebook “Compliance Manager Guidebook & Reference”, the most suitable selling Ebook of it’s type, gives you the answers to 17 important questions and challenges every Compliance Manager faces, including: The regulatory terrain; how did this evolve to today’s landscape? How do you map your firm’s actions to the compliance universe? Good and bad compliance and forming a compliance charter. What do you have to perform a Compliance Risk assessment? How do you involve senior management and other departments in their compliance responsibilities? … and more!

Whilst this guide is designed to provide a medium level of information, it is not a Janet and John Guide. We have not, as an example entered into the basics of financial promotions or suitability, completing fact finds or writing suitability reports as there is already help and guidance available at that level. We do not describe how to complete a regulatory online return as it is assumed that you are already an established financial services professional and have been involved in compliance for at the very least two years. So, if you’re serious about improving your role as the compliance officer and identifying good and bad practice and the affect on compliance within your firm then you need to grab a copy of “Compliance Manager Guidebook & Reference” now, because the leading compliance and business risks consultant, Lee Werrell of Compliance Consultant (http://www.complianceconsultant.org), who has over 25 years experience in financial services and compliance (and is a Chartered Fellow of the CISI – FCSI) will reveal to you how every a Compliance Manager can succeed in establishing themselves, and; Provide meaningful data, Deal with inquiries in a professional manner whilst remaining consistent in the answers, Maintain adequate governance throughout the firm, Create a single contact point for the regulators, Know the Approved Persons regulations, Know where to search for the relevant rules or guidance, Plan for regulatory visits and communicate effectively with the regulator and ensure your firm remains compliant in every aspect.

Any purchasers of this book will be entitled to a FREE copy of the revised edition due in early 2018. Simply send proof of purchase to info@complianceconsultant.org.

Essential Strategies for Financial Services Compliance

Essential Strategies for Financial Services Compliance

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Introduction by Lee Werrell – Owner of this site!

A fully updated edition of the definitive guide to financial regulation In recent years, not only has the compliance field become firmly established, but it has seen staggering growth, thanks to never-ending changes in the regulatory environment. As regulation increases still further, the demand for clear guidance on navigating daily compliance issues is greater than ever. Now in its second edition, the highly successful Essential Strategies for Financial Services Compliance has been updated with the latest compliance strategies and regulatory information, making it indispensable for compliance officers, legal firms, and anyone else working with the financial services compliance function. Non-compliance represents a significant material risk for any financial services firm that fails to understand and appropriately apply regulatory standards. This Second Edition of Essential Strategies for Financial Services Compliance makes it easy to digest complex information on the regulatory framework. But this book is far from solely theoretical. A balanced approach means that both the concepts and their application are within reach. Annie Mills and Peter Haines deliver solid advice that can be applied on a day-to-day basis to manage any compliance issues that may arise. Read this book to: * Understand the conceptual basis of compliance and the current regulatory environment applicable to the financial services industry * Quickly and thoroughly learn the accepted best practices for everyday compliance * Get up to date information on the current financial regulatory environment with this new edition * Reference detailed advice as issues arise in day-to-day operations This update to the popular first edition of Essential Strategies for Financial Services Compliance will help eliminate non-compliance risk and ensure that your firm is entirely current on its ability to navigate the maze of financial services regulation.

Essential Strategies for Financial Services Compliance
Essential Strategies for Financial Services Compliance
Essential Strategies for Financial Services Compliance
Essential Strategies for Financial Services Compliance
Essential Strategies for Financial Services Compliance
Essential Strategies for Financial Services Compliance
Essential Strategies for Financial Services Compliance
Essential Strategies for Financial Services Compliance
Essential Strategies for Financial Services Compliance
Essential Strategies for Financial Services Compliance
Essential Strategies for Financial Services Compliance
Essential Strategies for Financial Services Compliance

Operational Risk Management in Banks: Regulatory, Organisational and Strategic Issues (Palgrave Macmillan Studies in Banking and Financial Institutions)

Operational Risk Management in Banks: Regulatory, Organisational and Strategic Issues (Palgrave Macmillan Studies in Banking and Financial Institutions)
Operational Risk Management in Banks: Regulatory, Organisational and Strategic Issues (Palgrave Macmillan Studies in Banking and Financial Institutions)
Operational Risk Management in Banks: Regulatory, Organisational and Strategic Issues (Palgrave Macmillan Studies in Banking and Financial Institutions)
Operational Risk Management in Banks: Regulatory, Organisational and Strategic Issues (Palgrave Macmillan Studies in Banking and Financial Institutions)
Operational Risk Management in Banks: Regulatory, Organisational and Strategic Issues (Palgrave Macmillan Studies in Banking and Financial Institutions)
Operational Risk Management in Banks: Regulatory, Organisational and Strategic Issues (Palgrave Macmillan Studies in Banking and Financial Institutions)
Operational Risk Management in Banks: Regulatory, Organisational and Strategic Issues (Palgrave Macmillan Studies in Banking and Financial Institutions)
Operational Risk Management in Banks: Regulatory, Organisational and Strategic Issues (Palgrave Macmillan Studies in Banking and Financial Institutions)
Operational Risk Management in Banks: Regulatory, Organisational and Strategic Issues (Palgrave Macmillan Studies in Banking and Financial Institutions)
Operational Risk Management in Banks: Regulatory, Organisational and Strategic Issues (Palgrave Macmillan Studies in Banking and Financial Institutions)
Operational Risk Management in Banks: Regulatory, Organisational and Strategic Issues (Palgrave Macmillan Studies in Banking and Financial Institutions)
Operational Risk Management in Banks: Regulatory, Organisational and Strategic Issues (Palgrave Macmillan Studies in Banking and Financial Institutions)

Operational Risk Management in Banks: Regulatory, Organisational and Strategic Issues (Palgrave Macmillan Studies in Banking and Financial Institutions)

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Operational Risk Management in Banks: Regulatory, Organisational and Strategic Issues (Palgrave Macmillan Studies in Banking and Financial Institutions)
Operational Risk Management in Banks: Regulatory, Organisational and Strategic Issues (Palgrave Macmillan Studies in Banking and Financial Institutions)
Operational Risk Management in Banks: Regulatory, Organisational and Strategic Issues (Palgrave Macmillan Studies in Banking and Financial Institutions)
Operational Risk Management in Banks: Regulatory, Organisational and Strategic Issues (Palgrave Macmillan Studies in Banking and Financial Institutions)
Operational Risk Management in Banks: Regulatory, Organisational and Strategic Issues (Palgrave Macmillan Studies in Banking and Financial Institutions)
Operational Risk Management in Banks: Regulatory, Organisational and Strategic Issues (Palgrave Macmillan Studies in Banking and Financial Institutions)
Operational Risk Management in Banks: Regulatory, Organisational and Strategic Issues (Palgrave Macmillan Studies in Banking and Financial Institutions)
Operational Risk Management in Banks: Regulatory, Organisational and Strategic Issues (Palgrave Macmillan Studies in Banking and Financial Institutions)
Operational Risk Management in Banks: Regulatory, Organisational and Strategic Issues (Palgrave Macmillan Studies in Banking and Financial Institutions)
Operational Risk Management in Banks: Regulatory, Organisational and Strategic Issues (Palgrave Macmillan Studies in Banking and Financial Institutions)
Operational Risk Management in Banks: Regulatory, Organisational and Strategic Issues (Palgrave Macmillan Studies in Banking and Financial Institutions)
Operational Risk Management in Banks: Regulatory, Organisational and Strategic Issues (Palgrave Macmillan Studies in Banking and Financial Institutions)

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