Showing posts with label finra exam 2016. Show all posts
Showing posts with label finra exam 2016. Show all posts

Monday, May 23, 2016

Tips to Reduce Audit and Examination Costs for BD's and RIA's

How Broker-Dealer and RIA firms can reduce the cost of  Audits and Examinations


Mid-sized broker dealers struggle to stay on top of audit preparation work. Even with today’s automated accounting technology and regulatory software; compiling data and records for audits is a time consuming task that large companies assign to a task force who monitor audit capabilities year round.  Some firms try to save costs by preparing audit records themselves, but wind up paying more in the end. They’re charged higher audit fees as a result of poorly organized records, incomplete information, and misunderstanding of the auditors’ role. Once the auditor has received the records, it can be anyone’s guess how they will be interpreted and what additional questions may be required.  Firms can benefit from a significant cost savings by outsourcing the audit preparation work to experienced pro’s.

Minimize Risk of Negative Audit Results and Keep Audit Costs Down


An important component in minimizing the risk of negative audit results is to first understand what the role of the auditor is. The auditor is engaged to “render an opinion on whether a company’s financial statements are presented fairly, in all material respects, in accordance with financial reporting”. Firms that don’t recognize this often make the mistake of providing poorly documented information, assuming the auditor will straighten everything out on the go. This costly assumption leaves firms paying hourly audit rates for the auditors staff to properly organize the records before they start on the audit itself.  Having the auditor spend time organizing your records can add up fast.
To form an audit opinion, the auditor “gathers records, observes, tests, compares, and confirms accuracy of data and processes”. Then “the auditor forms an opinion of whether the financial statements are free of material misstatements and if fraud or error exists”. In analyzing records the auditor does not reconcile the accounts and financial statements, but makes a judgment on how well the company has reconciled its financial statements and accounts.  The auditor does not prepare footnotes or financial statement disclosures, but will assess what the company accountant has included in footnotes. The auditor does not maintain records, establish values, locate records, or prepare the entity for the audit. These responsibilities rest solely on the firm being audited. Further, the auditor does not make a recommendation for corrective action plans, rather they identify if corrective action measures should be taken.

A clear picture of what the auditor does and doesn’t do can be found in the PCAOB.org Ethics and Independence Rules for Auditors. The mainstay of auditor independence is that auditors do not take responsibility for records and financial statements on which they form an audit opinion. Responsibility for the financial statements and records lies squarely on the shoulders of the company being audited.


For more tips register for the June 2016 #LosAngeles #compliance and #riskmanagement roundtable meeting. The roundtable discussion meeting is sponsored by RND Resources Inc, compliance, audit, and regulatory support services firm located in Woodland Hills California. RND Resources has been serving broker-dealers and registered investment advisors for over 30 years with audit preparation services and regulatory support. RND Resources also provides regulatory compliance consulting & support for #fintech firms.  The secondary topic we’ll be discussing at the meeting is best practice for reviewing #cybersecurity along with system testing and penetration testing technology.  Sign up on our website at www.finracompliance.com 

Read more about Audit Preparation Support Services available from RND Resources Inc.

Tuesday, January 12, 2016

SEC 2016 - Release of OCIE Regulatory Examination Priorities

Standing by its commitment to provide transparency and share information with industry registrants; the SEC has released 2016 examination priorities from OCIE, Office of Compliance Inspections and Examinations.  

According to Marc Wyatt, OCIE Director, “We hope that registrants will use this information to [evaluate] their own compliance programs.”


New areas of focus this year:    


Liquidity Controls |
September 22 2015 SEC voted to propose rule 22e-4, in order to improve liquidity risk management of open-end funds such as exchange-traded funds (EFTs) and mutual funds. The key feature of open-end funds is that they allow investors to redeem their shares daily. Thus, the funds must maintain liquid assets in order to meet shareholder redemptions. 2016 examination priorities will include a look at potentially illiquid securities and various controls in place to manage risk, valuation, liquidity, trading, and capital.

Public Pension Advisors |
Pay-to-play rule 206(4)-5 was adopted June 2010 to address the inherent issues related to the power public officials have in appointing an investment advisory firm to manage public pensions. The rule limits political contributions by investment advisors and other collusive activities like entertainment and travel. 2016 examinations will continue to focus on identification of undisclosed gifts.

Product Promotion & Disclosure | 
Existing and emerging investment products can be complex and high risk. For 2016, the OCIE asserts its commitment to protecting investors from sales practices that result in a breach of fiduciary responsibility or unsuitable investments.


On a broader scope, OCIE indicates sweeps to unravel risk across various types of industry business models such as; investment companies, broker-dealers, transfer agents, clearing agencies, and exchanges, areas of focus include:
  • Protecting Retail Investors and Investors Saving for Retirement
    • Growing numbers of investors face a greater dependence on their own savings for retirement. The initiative to protect investors includes focus on basis for recommended investments, conflicts of interest, and marketing disclosure.
  • Assessing Market-Wide Risks
    • Maintaining orderly and efficient markets is at the core of the SEC’s mission. Examinations will include a look into structural risks and trends, over multiple firms or entire industries.
  • Using Data Analytics to Identify Signals of Potential Illegal Activity
    • Always striving to detect risk, the OCIE mines data intelligence from examinations and regulatory filings. Algorithms, data analysis, and review are leveraged to identify registrants and areas with elevated risk profiles.

RND Resources Inc is a leading compliance consulting firm helping broker-dealers, investment advisors, and fund managers meet regulatory compliance obligations. Visit our website for more details:  www.finracompliance.com

Are you a new broker-dealer or registered investment advisory firm needing help with cyber-security compliance.  We can help.  Call us for a quote (818) 657-0288 or visit our website for details.