Ten percent of employees will never commit a crime, ten percent of employees will, while 80 percent will only do so if the opportunity arises, predict fraud experts. It is that opportunity which asset management firms need to prevent through a combination of compliance controls and technology, say panelists and attendees at a recent symposium […]
Transfer Agents, DTC Still Chilly On Issuer Freeze Policies (Updated)
(Editor’s note: On December 6, 2016 the SEC finally published its acceptance of DTC’s rule changes affecting how it will impose chills and locks on US corporate issuers. The agency’s decision marks the end of a contentious debate between DTC, issuers and their transfer agents. Still, reservations remain. “The vast majority of the new rules […]
AML De-Risking: Regulators Warn No Big Brooms
Regulators on both sides of the Atlantic are putting banks in a Catch-22 of established regulatory penalties for serving financial criminals while simultaneously warning them that cleaning house by category will attract their attention. Recent announcements by the UK’s Financial Conduct Authority (FCA) and the US Office of the Comptroller of the Currency (OCC) suggest that banks better […]
SEC to Fund Administrators: You Are Liable for Client Fraud (Updated)
(Editor’s Note: On July 25, 2016 Apex Fund Services announced two hires for compliance. It appointed Nitin Khanapurkar as global head of risk and compliance oversight. Apex’s Luxembourg unit tapped Sonja-Maria Hilkhuijsen as head of European compliance and data protection. Khanapurkar was previously senior partner at KPMG while Hilkhuijsen was chief compliance and data protection […]
Bloomberg Takes on KYC Onboarding for Hedge Funds
With its new offering called Entity Exchange, Bloomberg is trying to take a bite out the market share — especially among hedge fund managers — of the existing utilities for automating know-your-customer requirements. Its strategy: give the buy side more control. Regulators require financial firms to know just who they are doing business with before they […]
New US AML Rules: Tough Enough to Catch the Bad Guys?
The US Treasury’s new rules on how financial firms must handle their responsibilities to know their customers and prevent money-laundering will be operationally challenging to follow, but perhaps not entirely effective in identifying the bad guys. The most controversial aspect of the new requirements — finding out the identities of the beneficial owners of the customers […]
Panama Papers Fallout: Heavier KYC/AML Burden(Updated)
(Editor’s Note: After this article went to press, the US Treasury said it had adopted a rule requiring banks, broker-dealers, mutual funds, futures commission merchants and introducing brokers in commodities to collect and verify information on beneficial owners. The Treasury also sent to Congress legislation to approve requiring that companies formed in the US file […]
Transfer Agents, Brokers, DTC Debate SEC’s Proposed Rules
The Securities and Exchange Commission’s decision to overhaul the rules governing transfer agents has prompted a debate among shareholder recordkeepers on the one hand and broker-dealers and their allies on the other. It could easily take up to a year for any new requirements to take effect, However, transfer agents for equities and investment funds […]
New SEC Reporting Forces Big Analytic Leap for Funds
Duration, options delta, gamma, vega. total monthly return and payoff profile. These are just a handful of the data points which mutual fund companies will be required to provide the US Securities and Exchange Commission if the regulatory agency finally adopts its new reporting rules for registered investment companies. For the SEC, the new data […]
Hedge Fund Managers: Five Areas of SEC Exam Focus
We have nothing to fear as much as the Securities and Exchange Commission itself. That is what hedge fund managers should be thinking about the US regulatory agency, warn legal experts. “A little paranoia will go a long way to ensuring they are prepared for a grueling round of exams this year,” says Ron Geffner, […]