| |
|
Recall
04 |
Application
04 |
Analysis
02 |
Total
10 |
Domain 1 |
Compliance Policies and Procedures |
Subdomain A |
Policy and Procedure Development |
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|
|
1 |
Assist in developing a compliance program to ensure adherence to internal company policies, procedures, and processes and external laws, rules, and regulations. |
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|
|
2 |
Assist in translating compliance requirements into written policies, procedures, and controls. |
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|
|
Subdomain B |
Policy and Procedure Monitoring and Maintenance |
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|
1 |
Monitor the regulatory environment for new rules and regulations. |
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|
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2 |
Implement and update the firm’s compliance program. |
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|
|
3 |
Monitor for compliance with the firm’s policies, procedures, and all applicable regulations. |
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| |
|
|
|
|
|
| |
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Recall
03 |
Application
08 |
Analysis
05 |
Total
16 |
Domain 2 |
Compliance Program Management |
1 |
Conduct ongoing program reviews to ensure compliance program is achieving its intended objectives. |
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2 |
Assist in developing compliance management systems and operational procedures. |
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3 |
Assist in developing and managing firm’s compliance calendar. |
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4 |
Assist in developing exception reports. |
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5 |
Assist in responding to regulatory inquiries and oversee regulatory examinations. |
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6 |
Evaluate and test new software that supports compliance activities. |
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7 |
Meet with departments across the firm on compliance-related matters. |
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8 |
Meet with supervisory personnel on compliance-related matters. |
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|
9 |
Oversee registration / licensure of the firm and its personnel. |
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|
10 |
Review internal controls. |
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|
11 |
Participate in development and implementation of the annual compliance plan. |
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| |
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|
|
|
|
| |
|
Recall
10 |
Application
23 |
Analysis
14 |
Total
47 |
Domain 3 |
Monitoring and Surveillance Systems |
Subdomain A |
Exception Reports |
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|
1 |
Review exception reports. |
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2 |
Investigate irregular activities and make recommendations as to the resolution/correction. |
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3 |
Monitor conformance to firm’s compliance program. |
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|
|
Subdomain B |
Portfolio Management / Sales Practices |
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|
1 |
Assist in creation of standard investment management to ensure all information needed is collected to satisfy securities regulation requirements. |
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2 |
Confirm that activity in client portfolios is consistent with client investment guidelines and client-directed trade allocations. |
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3 |
Confirm that client information and source of funds is properly documented. |
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4 |
Review trading activity/customer accounts to assess suitability concerns. |
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5 |
Review newly opened/closed accounts to verify conformance with the firm’s policies, procedures, and applicable regulations. |
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|
Subdomain C |
Trading Practices |
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|
1 |
Confirm that trading practices are consistent with the firm’s policies. |
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2 |
Confirm trading practices are consistent with best execution obligations. |
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3 |
Identify and evaluate possible conflicts of interest. |
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4 |
Review high risk trades. |
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5 |
Review trades for adherence to trading limits and risk limits. |
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6 |
Review trader’s hedging activities. |
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|
7 |
Review inventory for compliance with firm’s aged inventory policy. |
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8 |
Review transaction to ensure that only approved products are being sold / bought. |
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|
9 |
Review mark-up on transactions. |
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|
Subdomain D |
Trade Allocations |
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|
1 |
Evaluate proper allocation of investment opportunities among clients. |
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2 |
Conduct review of “block trades/bunching” trading allocation to confirm that shares were properly allocated among clients. |
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|
|
Subdomain E |
Code of Ethics Oversight |
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|
|
1 |
Ensure that required staff has disclosed all. |
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2 |
Conduct pre-clearance for personal trading activities, where required. |
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3 |
Monitor personal trading for adherence to internal policies and external regulations. |
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4 |
Monitor personal trading activities for evidence of market timing and insider trading or appearance of conflict. |
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5 |
Review outside business activities according to firm’s policy. |
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6 |
Review gifts and gratuities − given and received. |
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|
|
Subdomain F |
Advertising, Marketing, and Corporate Communications |
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|
|
1 |
Review, track, and maintain records related to advertising, sales literature, and other company documents for regulatory compliance. |
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2 |
Review written correspondence for regulatory compliance and required principal approvals. |
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3 |
Conduct surveillance of electronic correspondence; review for red flags; conduct management follow-up. |
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4 |
Review disclosures to determine that materials are in compliance with relevant regulations and any identifiable standards. |
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5 |
Monitor advertising and marketing disclosures for accuracy of performance and attribution claims. |
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6 |
Review new advertising against regulations requiring filing with FINRA. |
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|
7 |
Review and monitor non-cash compensation arrangements. |
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|
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8 |
Review referral fee arrangements. |
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|
|
Subdomain G |
Audits and Inspections |
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|
|
|
1 |
Conduct internal department compliance audits. |
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|
|
2 |
Conduct branch office inspections. |
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|
|
3 |
Conduct AML audits. |
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|
4 |
Participate in liaising between firm/staff and external regulatory auditors. |
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|
5 |
Prepare written report of all audits and inspections. |
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|
6 |
Document recommendations or areas needing remediation. |
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|
7 |
Track and monitor items needing remediation to resolution. |
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|
|
Subdomain H |
Customer Complaints |
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|
|
|
1 |
Track incoming, in-progress, and resolved customer complaints. |
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|
|
2 |
Investigate customer allegations and inquiries and respond where appropriate. |
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|
|
3 |
Correspond with the client and/or firm’s legal counsel regarding resolution of a complaint. |
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|
|
4 |
Ensure all complaints are reported accurately and timely under NASD 3070 and/or Form U-4/U-5. |
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|
|
5 |
Evaluate potential risk to the firm associated with customer complaint in accordance with applicable regulations and guidelines. |
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|
|
|
6 |
Document resolution of client complaints. |
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|
| |
|
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|
|
|
| |
|
Recall
09 |
Application
02 |
Analysis
02 |
Total
13 |
Domain 4 |
Recordkeeping |
1 |
Monitor to ensure accurate creation and retention of required records. |
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|
|
2 |
Review required records, including electronic records. |
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|
3 |
Document advertising/marketing reviews. |
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|
|
|
4 |
Document exception report review and resolution. |
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|
|
|
5 |
Maintain records of branch audits or other inspections, including recommendations, follow-up, and management responses. |
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|
|
|
| |
|
|
|
|
|
| |
|
Recall
02 |
Application
04 |
Analysis
04 |
Total
10 |
Domain 5 |
Enforcement |
1 |
Identify appropriate disciplinary standard. |
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|
|
2 |
Make recommendation on course of action within scope of authority. |
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|
|
|
3 |
When necessary, recommend action of an informative, corrective, or disciplinary action. |
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|
|
4 |
Conduct follow-up evaluation after corrective or disciplinary action. |
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|
|
|
5 |
Maintain records of all disciplinary actions and steps taken. |
|
|
|
|
| |
|
|
|
|
|
| |
|
Recall
03 |
Application
02 |
Analysis
01 |
Total
06 |
Domain 6 |
Training |
Subdomain A |
Compliance Education |
|
|
|
|
1 |
Monitor applicable Notices to Member/Information Memorandum/Regulatory Actions and communicate information to appropriate employees. |
|
|
|
|
2 |
Implement firm’s compliance education and training programs. |
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|
|
|
3 |
Educate departments across the company to assist them in their understanding of regulatory and legal obligations. |
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|
|
|
4 |
Prepare updates for field staff, educating and informing appropriate personnel of regulatory updates and changes in internal policies and procedures. |
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|
|
|
5 |
Answer questions from personnel on compliance policies, procedures and regulations. |
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|
|
|
6 |
Maintain the compliance program resources database. |
|
|
|
|
Subdomain B |
Continuing Education |
|
|
|
|
1 |
Monitor compliance with continuing education requirements for regulations and as determined by the firm. |
|
|
|
|
2 |
Conduct annual firm element needs analysis. |
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|
|
|
3 |
Develop, implement, and track firm’s element continuing education plan. |
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|
|
|
4 |
Escalate issues related to non-compliance with firm’s continuing education plan. |
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|
|
|
5 |
Obtain outside provider or develop company-sponsored continuing education program for appropriate personnel. |
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|
|
|
| |
|
|
|
|
|
| |
|
Recall
04 |
Application
06 |
Analysis
01 |
Total
11 |
Domain 7 |
Reporting |
1 |
Prepare reports and filings for regulatory agencies. |
|
|
|
|
2 |
Prepare and file required regulatory reports outlining actions taken in resolution of customer complaints. |
|
|
|
|
3 |
Prepare and file required reports on trading activity of supervised staff. |
|
|
|
|
4 |
Prepare reports for Board and/or Ethics and/or Audit Committee. |
|
|
|
|
5 |
Prepare incident logs. |
|
|
|
|
6 |
Assist in preparation of annual report on compliance program. |
|
|
|
|
7 |
Compile and analyze data for compliance reviews. |
|
|
|
|
| |
|
|
|
|
|
| |
|
Recall
02 |
Application
02 |
Analysis
zero |
Total
04 |
Domain 8 |
Privacy and Confidentiality |
1 |
Assist management in developing, documenting, and implementing a privacy policy. |
|
|
|
|
2 |
Advise on adopting appropriate technology, policies, and procedures to ensure data security. |
|
|
|
|
3 |
Monitor secure treatment of client records and information. |
|
|
|
|
4 |
Monitor firm’s maintenance of client records to ensure they are secure from unauthorized alteration or use. |
|
|
|
|
| |
|
|
|
|
|
| |
|
Recall
03 |
Application
02 |
Analysis
04 |
Total
09 |
Domain 9 |
USA PATRIOT and Bank Secrecy Acts |
1 |
Develop and maintain the firm’s Anti-Money Laundering Program, including polices and procedures. |
|
|
|
|
2 |
Monitor for red flags related to money laundering or suspicious activities; prepare and file Suspicious Activity Reports. |
|
|
|
|
3 |
Screen new and current customers against the OFAC and SDN lists. |
|
|
|
|
4 |
Respond to requests for information from FinCEN under USA PATRIOT Act Section 314a. |
|
|
|
|
5 |
Review requests for information sharing from other financial institutions. |
|
|
|
|
6 |
Review transactions as part of monitoring the firm’s Customer Identification Program. |
|
|
|
|
7 |
Ensure that any foreign bank account has executed a certification. |
|
|
|
|
8 |
Conduct testing to ensure that Currency Transaction Reports (CTR, CMIR, FBAR) were filed in accordance with the regulations. |
|
|
|
|
9 |
Develop and conduct training under the guidance of the AML Compliance Officer. |
|
|
|
|
| |
|
|
|
|
|
| |
|
Recall
zero |
Application
06 |
Analysis
03 |
Total
09 |
Domain 10 |
Risk Management |
1 |
Identify different types of risks impacting the firm. |
|
|
|
|
2 |
Identify and mitigate conflicts of interest. |
|
|
|
|
3 |
Assess the potential impact of risks. |
|
|
|
|
4 |
Assist in development of appropriate risk management systems and operational procedures. |
|
|
|
|
5 |
Conduct risk-based focused audits. |
|
|
|
|
6 |
Conduct internal reviews of problematic activities. |
|
|
|
|
| |
|
|
|
|
|
| |
|
Recall
40 |
Application
59 |
Analysis
36 |
Total
135 |
Total Examination Items |