Motive, means and opportunity. Those are the three elements that criminal prosecutors look for, when setting up a criminal conviction. In a case involving BNP Paribas (BNPP) — the largest bank in France and the fifth largest in the world — prompting US$8.97 billion in fines and a guilty plea to a criminal charge in a […]
FATCA: Four Steps to Meeting IRS Reporting Requirements
When the US Treasury made foreign financial institutions responsible for catching potential American tax evaders overseas, it also gave them a major migraine they are now finding difficult to alleviate. Determining with certainty who is responsible for paying US taxes just became their job. If they choose not to cooperate with the US’s Foreign Account Tax Compliance […]
October 8: The Witching Day for European Settlement
With at least ten European markets set to implement a two-day settlement cycle on October 6, financial firms need to get ready to complete more than just one goal. They should brace themselves for a double-duty workday on October 8, warn settlement experts. That’s when they will have to settle trades in equities in at […]
Bitcoins: What Compliance and Operations Experts Should Know
Bitcoins may sound like just a passing fad to compliance and operations specialists at fund management shops, but they would be foolish to presume that bitcoins won’t be part of their operations, and possibly soon. As the virtual currency gains momentum, they will need to brace themselves for new world of regulatory oversight. In recent weeks bitcoin has received […]
Phone Monitoring Records: Mining for Profit?
Three years after the UK’s Financial Conduct Authority (FCA) began requiring financial firms to record all mobile phone communications related to securities transactions, compliance remains dangerously weak. “Financial firms need to start thinking about just how they will comply and what additional benefits they can obtain for the costs involved,” says Rik Turner, senior analyst at […]
FINRA’s CARDS: Time to Get Ready
The US Financial Industry Regulatory Authority’s proposal to collect megatons of customer account information is far from being implemented, but behind the scenes, operations, technology and data management specialists are rushing to make the necessary preparations for the first phase expected in 2015. The reason: despite all the lobbying against the initiative coined CARDS, short for […]
FATCA Responsible Officers: Be Careful, Very Careful
You’ve just been named by your financial firm as a responsible officer under the US Foreign Account Tax Compliance Act, or FATCA for short. Should you hand in your two-week notice, take the job in stride, or brace– and protect yourself — from hefty operational and legal liabilities? Those are the decisions and options now faced by potential FROs, or thousands of […]
Fund Managers: Get Ready to Monitor Phone Calls on Swap Deals
It isn’t often that regulators take into account the concerns of market participants on the difficulties in implementing new rules. When it happens it is a great relief — particularly for some fund managers who are already struggling to meet new trading and clearing requirements for swap contracts. But when it comes to the recent […]
Fund Managers and FATCA: Behind the Curve Or Just Being Prudent?
The Foreign Account Tax Compliance Act (FATCA), which aims to help the US Internal Revenue Service catch potential tax evaders outside its radar, has always been viewed as a difficult regulation for financial firms to follow and with key deadlines close at hand some fund managers still apparently overwhelmed. They are so overwhelmed that they are massively unprepared […]
Bad European Data Validation Rules Give Banks Reporting Jitters
It’s hard enough for bank operations and financial reporting specialists to fill out all the data points and formats required by regulators in filing mandatory documentation evidencing financial soundness. But when a major banking regulatory watchdog — the European Banking Authority — issues 290 incorrect data validation rules, the whole reporting process can go awry […]