-
lissayafrosen posted this
COMPLY: SEC wants CEOs to talk compliance
* Discussions with CEOs can empower compliance officers* Strategy makes CEOs more accountable for proceduresBy Suzanne BarlynOct 14 (Reuters) - Chief executives and top managers will
be seen more on the front lines when Securities and Exchange
Commission representatives show up in brokerage offices for
exams and tests.The Securities and Exchange Commission say they are
involving the higher ups as a way to get more respect for
chief compliance officers.To start with, the agency is changing the way it handles
its routine compliance exams by requiring the involvement of
securities firm executives so they cannot leave the details
entirely to compliance officers.Top managers recently began meeting with SEC examiners to
answer questions during regular onsite visits, Kevin Goodman,
associate regional director of examinations in the SEC’s Denver
office, told Reuters. Those meetings will continue to be a
regular part of exams, he said.This is a departure from past practice, when chief
compliance officers were typically the agency’s main contact
points during examinations. It was the role of compliance
officers to field any questions and arrange meetings with
higher-ups when needed.For other executives, preparing to speak with regulators
about these issues should help reinforce a firm’s compliance
culture at the highest level of management, Goodman said.”The process encourages executives to really listen to what
the CCO needs to carry out an effective risk and compliance
program,” Goodman said. Agency examiners will also ask
executives about risk management practices, he said.The change could help bolster the role of compliance
officers. Compliance experts say that in some firms, the head
of compliance has the executive title, but not the authority or
support from top executives to carry out the many policies and
procedures that regulators require.In the worst cases, top executives might ignore or even
fire the compliance officer for alerting them to a problem the
firm needs to address, compliance professionals say. Among the
thornier issues compliance professionals say could lead to
retaliation against a CCO are reporting that an executive is
running a lucrative outside business without the firm’s
permission, or recommending termination of a top-producing
broker who routinely sells unsuitable investments to clients.Requiring chief executives to participate in routine SEC
examinations “makes them more accountable,” says Guy Talarico,
Founder and Chief Executive Officer of Alaric Compliance
Services LLC, a New York-based consulting firm. “You don’t
want the entire burden falling on the shoulders of the CCO.”Routine SEC examinations don’t happen frequently.
Examiners visit each of the nearly 11,000 investment advisers
registered with the agency about once every 11 years, according
to a recent SEC study. But that doesn’t diminish the
seriousness of the process when examiners actually do arrive.In the past, the SEC could talk to a chief executive, but
often did not unless they had a special reason — clarifying
something a CEO said for example — ostensibly sending the
message that CEOs weren’t on the hook for a firm’s compliance
culture.Preparing for the questions examiners may ask helps engage
senior management in a firm’s overall compliance process, says
Lori Richards, former director of the SEC’s Office of
Compliance Inspections and Examinations. Prepping for a broad
question about how the firm meets its fiduciary obligations
could help focus an executive on a firm’s potential conflicts
of interest and how they’re disclosed to investors, she said.Richards, based on her experiences, doesn’t expect the
meetings to resemble a hard-core investigation or drag on all
day. A 90-minute conversation is probably what executives can
expect, said Richards, now a principal at
PricewaterhouseCoopers LLC in Washington, D.C.And simply speaking in broad terms about compliance won’t
be enough to satisfy examiners, she said. An effective
compliance program “will have to exist in reality,” for
examiners to walk away satisfied, she said.The new emphasis on executive input doesn’t mean the agency
is out to get executives, said Goodman.”Executives are not expected to know every detail, but
examiners will be considering whether they’re actively involved
in compliance and risk management,” said Goodman.