Mindmap
The Role of the Compliance Officer
Inhalt der Mindmap
The Role of the Compliance Officer
Services to the Business
- Enabler to business
- Consultant
- for strategic/operational developments
- representation at key meetings/projects
- work with business to formulate best practice procedures
- meet needs of customers /business /regulator
- ad hoc advice on regulatory matters & day to day issues
- compliance not responsible for decisions made just outline risk/issues
- Monitor
- oversee that activities comply with regulation/legislation
- monitoring programme
- assurance to business
- useful MI for business
- influence decision making
- identify process/controls weaknesses
- insufficient/gold plated
- risk based/themed like FCA approach
- concentrate resources on key areas of concern
- Event driven
- LIBOR
- issues & products
- claims
- conflicts
- Communicator
- internal issues
- external events
- changes to rules
- consumer credit
- so compliance must keep up to date with regs
- help with process/policy changes
- industry events
- changes to rules
- Regular briefings to snr mgmt
- compliance should have internal communication processes in place
- risk report
- event escalation
- development of relationships with business
- improve culture
- communicate with Regulator
- Principle 11
- Educator
- Training to business
- so less reliance on compliance day to day
- support / oversight of other trainers to the business
- Training to business
- Consultant
- Facilitator
- Compliance culture / ethical behaviour
- lead by example
- Provide high quality service
- demonstrate value
- help firm achieve its ends
- Feared is no value
- TCF - 1 - central to corporate culture
- Clive Adamson speech
- Compliance culture / ethical behaviour
- Regulatory Compliance
- SYSC - need systems & controls for compliance
- high level rqmts
- staff competent, appropriate knowledge
- resources adequate
- responsibilities & reporting lines clear
- arrangements appropriate & effective
- appropriate to firm- scale nature & complexity
- independent of day to day activities
- appropriate access to firm records
- 2004 Fine Carr Shepards Crosthwaite
- manual
- monitoring
- roles, responsibilities, reporting lines
- high level rqmts
- CF10 - compliance oversight - designated investment business
- SYSC - need systems & controls for compliance
- Enabler to business
FCA view
- Snr Mgrs responsible for compliance
- SYSC
- FCA Principles of good regulation
- Snr mgmt responsibility
- Snr Mgrs responsible for compliance
Role
- manage/mitigate compliance risk
- may be outsourced but can't outsource responsibility
Key Roles in Function
- Operational Team
- conduct of business
- ad hoc queries
- help develop/implement policies
- sign off fin proms
- communicating changes in regs
- Monitoring Team
- desk based reviews
- visits
- AML Team
- FCA strategic objective - integrity
- AML 2007 rules dont apply to intermediaries but still FCA rqmts
- SYSC requires sys & curls to counter risk of firm being used for fin crime
- referrals to NCA
- MLRO
- where reg requirement must be CF11 - Money Laundering Reporting
- Policy Development Team
- identify/review/ interpret changes
- respond to consultation papers
- CP13/10 - Detailed proposals for the FCA regime for consumer credit (CP13/10)
- consult with business on proposed changes
- lead in managing relationship with regulator
- Business Review Team
- large firms - focus on quality of work
- sampling work
- Training & Competence Team
- maintain records
- Complaints & investigations
- Project Teams
- established for particular tasks
- assess impact of consumer credit
- established for particular tasks
- Operational Team
Key Internal Relationships
- Business Depts
- sales
- marketing
- Finance
- CASS
- RMAR
- Internal Audit
- they help fulfil SYSC rqmts
- compliance may trigger their work or vice versa
- Legal
- keep up to date with statutory instruments
- relationships with other parties
- Legal risk
- Risk
- firm risk appetite
- Risk mgmt is in SYSC 7
- Business Depts
Key External Relationships
- The Regulator
- Principle 11
- keep supervisor updated
- less likely to be intensively supervised
- keep supervisor updated
- C1/C2 - more contact than others
- Compliance Officer key relationship
- good relationship helps when things go wrong
- Abbey National 2005
- early settlement discount
- public interest
- compensation sooner
- reduced costs for firm & regulator
- Principles of good regulation
- 30%
- Homserve
- JP Morgan Chase bank would've been £196,586,000.
- public interest
- Principle 11
- The Regulator
Compliance, culture & Ethics
- Culture important for long term success
- TCF 1 Compliance culture embedded
- consumer protection is operational objective FCA
- save mgmt time investigating/correcting errors
- Products to market quicker - right first time
- compliant reputation = business advantage
- firms do due diligence before entering contracts with other firms
- when clients are financial institutions - will know what is req'd
- FCA public censures
- FCA now announcing investigations
- firms do due diligence before entering contracts with other firms
- Must be outcomes based & complemented by ethical culture
- Clive Adamson speech
- follow the spirit of the regulations
- TCF 1 Compliance culture embedded
- Culture important for long term success
Qualities of Compliance Professionals
- outcomes based is subjective so need good judgement
- Pre N2 rules based so needed good memory
- spirit of the regulations
- Influencing
- facilitate & support not dictate
- Business Acumen
- Principles based - no clear answer
- understand industry
- compliance is there to help the business perform
- Knowledge
- rules
- understand spirit of principles
- up to date with regulatory initiatives
- UK, Europe, World
- FINMA
- S. Africa
- UK, Europe, World
- Interpersonal skills
- Communication
- build trust & positive relationships
- Communication
- Listening
- find out what issues are
- understand what business needs from you
- speak to stakeholders
- Decision making
- tough decisions
- proportionate & pragmatic
- tough decisions
- outcomes based is subjective so need good judgement
Informationen
- Beschreibung
- Mindmap am The Role of the Compliance Officer, erstellt von her5000 am 02/03/2014.
- Erstellt von
- her5000
- Aufrufe
- 41
- Bewertung