The Evolving Role of Compliance Professionals

Posted on May 29th, 2014 at 10:24 AM

From the Desk of Jim Eccleston at Eccleston Law Offices:

Today compliance personnel have to address more complex and novel financial products, as well as new trading and communication technologies.  They also face intensive new laws and regulations released in response to the financial crisis. Some jokingly called Dodd-Frank the Compliance Officer and Securities Attorney Full Employment in Perpetuity Act of 2010.

In response, securities firms have increased the amount of resources devoted to compliance matters. Demand for compliance officers has increased exponentially.

The compliance system of oversight for regulated entities is a shared responsibility, in which the SEC oversees the firms that, in turn, oversee their associated persons. And it is predicated upon the active participation of compliance personnel. Broker-dealer and investment advisor firms are the first line of defense in this system. The system does not work if firm legal and compliance officers can not operate effectively.

The Exchange Act authorizes the SEC to impose sanctions on persons associated with a broker-dealer if the individual has failed reasonably to supervise another person commits a violation of the securities statutes, rules and regulations. The SEC’s ability to impose sanctions for failures to supervise encourages managers and executives to monitor compliance with laws and regulations proactively.

Unfortunately, Dodd-Frank and heighted SEC scrutiny also have led a branch manager and compliance officer to head for the exits rather than take on the uncompensated risk of being responsible for firm compliance. 

The attorneys of Eccleston Law Offices represent investors and advisers nationwide in securities and employment matters. Our attorneys draw on a combined experience of nearly 50 years in delivering the highest quality legal services.

Tags:

Return to Archive

TESTIMONIALS

Previous
Next

This was the best of all possible outcomes and I cannot thank you and the team enough.

Michael S.

LATEST NEWS AND ARTICLES

July 26, 2024
Kentucky Advisor Sues LPL Financial for Alleged Corporate Raid

A Kentucky advisor, Mark Lamkin, has filed a lawsuit against LPL Financial, claiming the independent broker-dealer orchestrated a corporate raid that resulted in the loss of his firm’s entire book of managed assets.

July 25, 2024
FINRA Plans Fee Increases Amid Rising Costs and Losses

The Financial Industry Regulatory Authority (FINRA) has announced plans to raise fees for its approximately 3,300 broker-dealer member firms. According to AdvisorHub, the self-regulator faces soaring costs, as detailed in its annual report published at the end of June.

July 24, 2024
Raymond James Settles with Oregon Over Excessive Commissions

Raymond James recently settled a case with Oregon's Division of Financial Regulation (“DFR”), agreeing to pay nearly $200,000 over allegations of charging excessive commissions to retail investors.