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The following article was published in our article directory on June 7, 2017.
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Remarkably Simple Compliance: How Are You Impacted?

Article Category: Advice

Author Name: Lee Werrell, Chartered FCSI FISMM

A fundamental move for any Compliance Officer is the identification of your business departments and the impacting regulations.

Obviously with larger organisations you might have business units within each entity that may or may not be duplicated and as this is unlikely as being the norm I will ignore this specific area at the moment.

With an increasing range of regulatory bodies, the transforming regulatory outlook and recently the Senior Managers and Certification Regime (awaiting further consultation), placing managers directly in the firing line, risk and compliance functions are really feeling the pressure to ensure they are entirely aware of what their firms must do to maintain compliance. However, if you picture providing the optimal compliance service that is feasible to your firm every single day, then you have to understand how and where your firm stands. The first step is determining the high-level activities and must now tease out the more thorough aspects and duties of being a Compliance Officer.

To perform this you could take a new notebook and address the following rough sections;
- Each entity within your group including appointed reps, introducer appointed representatives or other subsidiary or joint-venture partners that your firm may have taken part in business with;
- Each business unit and support units within each entity;
- If a group, what are the distinctive reporting lines and what differences/similarities could there be?
- External companies incorporating anything that maybe outsourced from IT to Para-planning, Legal to Banking;
- The regulatory administration where you are working, for most this will certainly be the UK and at most Europe however many firms today offer offshore investment services.
Within your administration you need to identify each of the regulators and any criteria or best practice requirements from trade bodies, any parties that may contain a quasi-regulator position aside from the obvious legislation, regulation and codes etc.;
- Product services and particular business activities across the range from front, middle and back office, along with any general insurance, mortgages, financial and investment planning;

The Detailed Rules Mapping
If you get yourself a spreadsheet with the column headings referencing the handbooks starting with SYSC, COBS, BIPRU, INSPRU, etc. and with rows complete the titles of functions including trading desks, middle office, settlement and other areas of activity. For retail distribution perhaps its, life sales, pensions sales, investment sales, mortgages etc. across the top. Your grid will soon materialise. From this basic grid you can identify where the relevant handbooks would connect to your firm and those who run it, and if it is not applicable, note why not.

There is of course a need to have knowledge of the business units throughout your very own firm whether these units take the form of sales teams or expert areas with their own specific advisers you will obviously have to understand certain basics along with the above;

- management compliance concerns
- specific product services or activities
- the main activity for income generation
- anything considered as a unique selling point
- any point of sale or post sale documentation used if different to the principal
- target client base or segment
- methods of marketing and advertising
- IT systems
- most valued clients
- top deals of the previous One Year
- complaints.
- challenges.
- governance; policies and procedures and how they may differ to the principal.
- conflicts of interest, regulatory issues in the last 12 months, risks, regulatory contact the last One Year.
- any major developments in the last 1 Year; and.
- Any major updates planned for the next 12 months.
At this stage it may also be worth thinking about risk management and mitigation programs to be executed for each legislative section you may have responsibility for within your firm. You might want to think about covering the broad list below;.
- Specific responsibility if the obligation is for anybody aside from the compliance officer.
- A gauge or measure somehow of how the firm is affected by this legislation and specifically the subparts affected.
- What you consider the key risks to be.
- The controls you have identified in connection with each risk.
- Any weaknesses in the control framework that may ought to be addressed; these could be risk rated.
- An action plan prepared and designed to address any weaknesses that you may have uncovered in your investigations. You should without a doubt ensure that you record and track progress regularly.
- A review frequency for when you are planning to revisit your current findings. More complex areas are probably to need a more frequent visit.
- The overall risk rating you apply to this specific area of legislation and this should include the seriousness of penalties or frequency they are imposed by the regulator.

UK legislation text can easily be found on the net and two specific sites that are useful are the UK Statute Law database (www.StatuteLaw.gov.uk) and the Office of Public Sector Information (www.OPSI.gov.uk), although beware the latter as repealed or amended or subsequent legislation is not clearly indicated and the original text can still be found.
Compliance Consultant have the tools developed to make this process easier and bespoke to your company, covering not only the primary regulation, but additionally Business Conduct and Business Regulation Impact.
To complement this, Compliance Consultant also provide a service to identify the impacted areas and record the key risk component, risk category, definition of the risk and provide evidence of how your firm addresses each area.

In Summary
By using the application of the Regulatory and Risk Based Footprint Mapping, along with the Compliance Charting Tool, it is easily demonstrated where the regulatory component requirements impact your firm at differing levels within your organisation. The impact is identified, mitigation measures implemented and controls recorded for future inspection, reference or supply to the regulator on demand.

Your Fully reportable database of' regulations to operations' will give you fast access to any segment of regulation ensuring that you always have a clear picture of all your obligations, mapped activities and ownership. A vital compliance tool that ensures Senior Management not only sleep at night but they are comforted that they are "Making Compliance Work".

About the Author: Lee Werrell is a regulatory expert when it comes to UK Regulatory Compliance, rules mapping and compliance risk management. To find out everything about Compliance Consultant, visit the company website at http://www.complianceconsultant.org.

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