Financial firms needing to manage the cybersecurity risk of companies outside their own walls as well as they do their own can now count on a new risk assessment-as-a-service platform for help. Launched in March, the Denver-headquartered CyberGRX aims to take the gruntwork out of the due diligence process for third-party cybersecurity risk managers. It […]
ADR Lawsuits: Depositary Banks on the Hotseat
When it comes to their handling of American Depositary Receipts, depositary banks have more than just an investigation by the US Securities and Exchange Commission to worry about. BNY Mellon, Citi and JP Morgan are being targeted with class action lawsuits filed in a New York court by disgruntled investors, alleging overcharges in foreign exchange […]
Blockchain 2017: Regulatory Reality from FINRA
Straight from the horse’s mouth, US broker-dealers have just been advised about the many ways their use of blockchain could impact their compliance with rules imposed by the Financial Industry Regulatory Authority (FINRA) — including recordkeeping, clearance and settlement, anti-money laundering, trade reporting and customer statements. FINRA , the US self-regulatory agency for broker-dealers, has issued a […]
Pre-Release ADRs: More SEC Fines on the Way?
First ITG. Who is next? That is the question fund managers and other investors are asking themselves after learning that the US Securities and Exchange Commission fined broker-dealer ITG $24.4 million for violating regulations on how it used the pre-released shares of American Depositary Receipts (ADRs). The SEC says that ITG violated Section 17(a)3 of […]
New York Raises Bar on AML and Sanctions Programs
Some US and foreign banks with New York offices will soon face the challenge of proving that their transaction monitoring and sanctions filtering programs for catching criminal activity really work. The New York Department of Financial Services (DFS) believes that although banks and banking-regulated institutions may already have AML programs, there are still too many illegal […]
RegTech 2017: Taking FinTech the Extra Mile
Those who think that RegTech is only about technology geared to meeting regulatory requirements should think again. The term, say operations consultants and IT specialists, also represents a new state of mind, oriented toward maximizing the use of current applications, eliminating unnecessary ones, and reducing data discrepancies. “Whereas financial technology, or FinTech for short, focuses strictly […]
Judge’s Ruling Questions Attorney-Client Privilege for Mutual Fund Trustees
Independent mutual fund trustees will likely think twice before they say anything incriminating to their external legal counsel about how they administer mutual funds. The rights of mutual fund investors to fair advisory fees trump the rights of independent mutual fund trustees to attorney-client confidentiality, says a Washington State federal district court judge in a […]
Making Every Proxy Vote Count is Hard Work
An investor casts its vote at an annual or other corporate meeting, but has no way of knowing whether it was actually received and counted. It could be rejected or even partially accepted, which defeats the purpose of casting the vote in the first place. While the US Securities and Exchange Commission has left market […]
No Shortcuts Reimbursing NAV Errors Says SEC
The US Securities and Exchange Commission’s recent $3.9 million settlement with social investment manager Calvert Investment Management highlights the operational challenges — and potential legal liabilities– faced by mutual fund companies that must equally compensate all investors for any errors in net asset value calculations . It isn’t enough to make a best effort. Fund […]
Swing Pricing for US Funds: Has the SEC Gone Far Enough?
Like it or not, fund managers will have to make peace with the Securities and Exchange Commission’s new investment company reporting modernization program and liquidity management guidelines. They’re going to have to accept doing more to curb their liquidity risk and disclose more about their investment composition. Oddly, it’s a voluntary aspect of the new SEC […]