All Rules & Proposals articles – Page 45
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Blog
CFTC approves substituted compliance framework with EU
The Commodity Futures Trading Commission has approved a substituted compliance framework for dually-registered central counterparties, located in both the United States and European Union. European CCPs registered with the CFTC can now comply with its rules by meeting corresponding European Market Infrastructure Regulation requirements.
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Blog
FINRA scrutinizes digital investment advice, ‘robo-advisers'
Financial services firms’ offerings of digital investment advice—also known as ‘robo-advisers’—require sound governance and supervision, including effectively overseeing the suitability of recommendations, conflicts of interest, customer risk profiles, and portfolio rebalancing. That’s the warning in a new report released by the Financial Industry Regulatory Authority.
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Blog
Study: technology key to CCOs keeping a ‘seat at the table’
The ability of financial institutions’ compliance functions to manage risk is challenged on multiple fronts, including rising expectations that they play a stronger, more strategic role in front-office processes, the increased volume and complexity of regulations, and a lagging data and technology architecture, according to a new study by Accenture. ...
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Article
New law adds to forced labor concerns
In recent weeks, companies have learned—some the hard way—that the government is getting even more serious about human trafficking and forced labor issues. While a new law targets international trade, potentially blocking forbidden products at the U.S. border, an expanding view of joint-employer arrangements is also causing concern for domestic ...
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Blog
OCC proposes to reduce regulatory burden on banks
The Office of the Comptroller of the Currency has proposed to remove outdated or unnecessary provisions of certain rules to reduce regulatory burden on national banks and federal savings associations. The proposal is part of the agency’s rules review required every ten years under the Economic Growth and Regulatory Paperwork ...
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Blog
Senate committee sets March 15 hearing on SEC nominations
The months-long wait for filling vacancies on the Securities and Exchange Commission may soon be coming to an end. On March 15 at 10 a.m., the Senate Banking Committee will hold a hearing on President Obama’s October nominations of Lisa Fairfax (a Democrat) and Hester Peirce (a Republican) to replace ...
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Blog
Survey finds mid-sized businesses still challenged by ACA
The recently released ADP Midsized Business Owners Study for 2015 looks at how that market segment is responding to regulatory and compliance challenges, notably obligations under the Affordable Care Act. Regulatory concerns appear to be increasing. In 2014, only 30 percent ranked managing the layers of government regulations as the ...
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Article
Q&A with Randy Stephens of NAVEX Global: Why third-party due diligence still flummoxes so many companies
Image: Third-party risk continues to be a major concern for executives, and there is no shortage of high-profile compliance failures in recent years. And yet, a recent survey by NAVEX Global of more than 300 ethics and compliance professionals found that 32 percent of their companies don’t evaluate third parties ...
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Blog
SEC creates Office of Risk and Strategy
The SEC is creating an Office of Risk and Strategy within its Office of Compliance Inspections and Examinations, which will consolidate and streamline risk assessment, market surveillance, and quantitative analysis teams and provide operational risk management and organizational strategy for OCIE. Peter Driscoll will lead the office and has been ...
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Blog
IOSCO updates securities markets risk assessment
The International Organization of Securities Commissions has published the “IOSCO Securities Markets Risk Outlook 2016,” examining key trends in global financial markets and their potential risks to financial stability. Among matters addressed in the forward-looking report: corporate bond market liquidity; the use of collateral in financial transactions; and cyber-threats.
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Blog
Federal Reserve rule addresses inter-bank lending
The Federal Reserve Board has proposed a rule intended to address the risk associated with excessive credit exposures of large banking organizations to a single counterparty. Specifically, it addresses large credit exposures between financial institutions, a practice that led to financial instability during the Financial Crisis. The proposal would apply ...
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Blog
SEC’s Piwowar on regulatory challenges to ABS marketplace
Image: Speaking at the ABS Vegas 2016 conference this week, billed as the “largest capital markets conference in the world,” SEC Commissioner Michael Piwowar agreed with that characterization, but quipped that banking regulators—unfortunately, in his view—might be inclined to call it the “largest shadow banking conference in the world.” Piwowar ...
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ArticleIs blockchain technology FinTech’s magic bullet?
Image: Bitcoin is dead; long live blockchain. To be fair, bitcoin, the much-hyped virtual currency, is hardly ready to fade into oblivion. The technology underlying those online exchanges, however, is poised to become the hottest technology to hit the financial world in years, albeit not without significant business and regulatory ...
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Article
Climate change continues to be a disclosure concern
While pundits and true believers on both sides of the environmental fence bicker over climate change, public companies may want to focus their attention on specific developments that could influence their disclosure regime and what they quantify as material information for investors. Questions they should be asking: whether state officials ...
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Blog
Group slams FINRA over arbitration claims
Nearly one out of three investor awards in arbitration cases overseen by the Financial Industry Regulatory Authority go unpaid claims a new report by the Public Investors Arbitration Bar Association. The group—a not-for-profit association of lawyers representing claimants in securities and commodities arbitration proceedings and litigation—claims that “nearly $1 of ...
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Blog
Congressional report: SEC, DoL at odds on fiduciary duty rule
Among the most hotly contested rules currently in the regulatory pipeline are efforts to create a fiduciary duty for brokers who offer retirement advice. Rules to do so are currently being crafted by both the Department of Labor and SEC, with the former poised to enact its final rule, the ...
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Blog
U.S., EU will negotiate insurance regulation pact
A bilateral agreement on insurance and reinsurance regulations between the United States and European Union is another step closer to reality. On Tuesday, a statement from the U.S. Treasury Department and the Office of the U.S. Trade Representative announced plans to begin negotiating a covered agreement and regulatory framework with ...
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Article
Q&A with Wolters Kluwer’s Barbara Boehler: What is a “culture of compliance,” anyway?
Image: A term of the moment in regulatory circles is “culture of compliance,” a desire for firms to move beyond check-the-box rules and compliance demands by making good behavior part of their corporate zeitgeist. We spoke to Barbara Boehler, a regulatory compliance expert at Wolters Kluwer, about how to define ...
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Blog
White, Stein address ETF oversight, universal proxy access
Each year, anyone who is anyone at the SEC, reflects upon the year that was—and the year ahead—at the Practising Law Institute’s SEC Speaks conference. At the event, held over the weekend in Washington D.C., SEC Chair Mary Jo White placed addressing the “increasingly complex portfolios and operations” of mutual ...
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Blog
Big banks could face new recordkeeping requirements
The Federal Deposit Insurance Corporation has proposed new recordkeeping requirements for federally-insured institutions with more than 2 million customer accounts. The move is intended to facilitate rapid payment of deposits to customers if the institutions were to fail. Banks would be required to ensure that their information technology systems are ...