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Author: Loffa Interactive Group

Navigating T+1 Settlements: Proactive Compliance in the Wake of SEC’s 2023 Enforcement Actions

SEC Enforcement Actions

In light of the recent SEC announcement of its enforcement results for Fiscal Year 2023, the financial industry faces an undeniable truth: the need for stringent compliance and proactive risk management has never been more critical. With the SEC filing a record number of enforcement actions and obtaining significant financial remedies, the message is clear: compliance is not just a requirement; it’s a necessity to thrive in today’s financial landscape.  T+1 rules are coming in 2024.

SEC Enforcement Actions

T+1 Settlements: A New Era of Compliance Challenges

 

The shift towards a T+1 settlement cycle presents unique challenges and opportunities for financial institutions, including broker-dealers and investment firms. The reduction in the trade settlement cycle from the current T+2 to T+1 necessitates a more agile and responsive operational framework. Firms must adapt to this change to avoid potential compliance violations and financial penalties.

 

Loffa Interactive Group: Your Partner in T+1 Transition

 

At Loffa Interactive Group, we understand the complexities and nuances of the financial market regulations. Our cutting-edge solutions are specifically designed to help clients navigate the T+1 transition seamlessly. Here’s how we can support your journey:

 

  1. Automated Compliance Tools: Leveraging advanced technology, our platform provides comprehensive oversight of the settlement process, ensuring adherence to the shortened settlement cycle and reducing the risk of late settlements.

 

  1. Real-Time Risk Assessment: Our systems are equipped to identify and alert on potential risks in real-time, allowing for prompt corrective action. This proactive approach is crucial in an environment where a day’s delay can lead to significant penalties.

 

  1. Efficient Workflow Management: With T+1, every second counts. Our workflow solutions are tailored to optimize operational efficiency, ensuring that all transactions are processed swiftly and accurately.

 

  1. Training and Support: Understanding that a major part of compliance is knowledge, we offer extensive training and support to ensure your team is well-equipped to handle the new settlement cycle.

 

The Path Ahead

 

The SEC’s intensified enforcement actions, including those targeting recordkeeping violations and the protection of whistleblowers, illustrate a broader commitment to safeguarding market integrity. As your organization looks to align with these heightened standards, Loffa Interactive Group stands ready to be your ally in this transition. Our expertise in financial technology and compliance positions us uniquely to guide you through the evolving regulatory landscape.

 

Adapt, Comply, Thrive

 

Preparing for T+1 is not just about avoiding penalties; it’s about positioning your firm for success in a rapidly changing financial world. Partner with Loffa Interactive Group to turn these regulatory challenges into opportunities for growth and resilience.

 

T+1

The Significance of Recordkeeping and Whistleblower Protections in Today’s Financial Sector

Whistleblower regulation

A Perspective from Loffa Interactive Group

Introduction

In the wake of the Securities and Exchange Commission’s (SEC) enforcement results for Fiscal Year 2023, the importance of stringent recordkeeping and robust whistleblower protections in the financial sector has been cast into sharp relief. Loffa Interactive Group, with our deep roots in financial services technology, understands the critical nature of these elements in fostering a transparent, compliant, and ethical financial environment.

Whistleblower regulation

The Growing Importance of Recordkeeping

Recordkeeping is not just a regulatory requirement; it’s the backbone of integrity and transparency in financial transactions. The SEC’s recent enforcement actions, including substantial penalties against firms for recordkeeping violations, underscore this point. In an era where financial transactions are increasingly complex and digitized, maintaining accurate and accessible records is paramount.

At Loffa Interactive Group, we recognize that effective recordkeeping is a multifaceted challenge. It involves not only the secure storage of data but also ensuring its accuracy, timeliness, and accessibility. Our solutions are designed to automate and streamline these processes, ensuring compliance with SEC regulations while enhancing operational efficiency.

The Critical Role of Whistleblower Protections

Whistleblowers play a pivotal role in uncovering and reporting misconduct within the financial sector. The SEC’s report highlights the record-breaking year for its Whistleblower Program, both in terms of monetary awards and the number of tips received. This trend signifies a growing reliance on whistleblowers to help maintain market integrity.

However, the effectiveness of whistleblower programs hinges on robust protections. It is crucial that potential whistleblowers feel safe and supported when coming forward with information. This means creating an organizational culture that values transparency and integrity, and where the fear of retaliation is actively mitigated.

Loffa Interactive Group’s Approach

At Loffa Interactive Group, we understand that technology is a key enabler in supporting both effective recordkeeping and whistleblower protections.

Conclusion

The SEC’s enforcement results for Fiscal Year 2023 serve as a reminder of the critical importance of diligent recordkeeping and strong whistleblower protections in the financial sector. Loffa Interactive Group is committed to providing technological solutions that support these essential components of financial integrity and compliance. By partnering with us, financial services firms can navigate the complexities of the current regulatory landscape with confidence, ensuring they are not only compliant but also a step ahead in fostering an ethical, transparent, and secure financial environment.

regulation

A Beginner’s Guide to Blockchain and Securities Services

It is always difficult to predict with accuracy which technological innovations will take off. Even experts get it wrong. Breakthroughs which were anticipated with confidence, such as flying cars, have failed to materialise. In contrast, some inventions, such as text messaging, achieve unexpected success.

In the case of blockchain it has reached the stage where people have heard of it, few can define it and even fewer explain it. Technical specialists from the securities services industry, central banks and trade associations are working hard to remedy these deficiencies.

Despite the lack of knowledge there is no shortage of hype. A 2015 study produced for the World Economic Forum in collaboration with Deloitte made the claim that: “Decentralized systems, such as the blockchain protocol, threaten to disintermediate almost every process in financial services.” Many are hailing its potential to revolutionize the investment industry in particular. Outside the financial world there is talk of using it for a variety of applications including tracking individual diamonds, making back-up copies of human DNA and simplifying trade documentation.

This article will outline the current state of knowledge for non-specialists in the investment and pensions industries. It will start by identifying the key features before considering how it could be implemented.

What is blockchain?
Many of the definitions of blockchain are not enlightening. A popular one is to describe it as the technology underlying Bitcoin. This indeed was its original purpose when the idea was developed several years ago. Such a description is helpful for those with a familiarity with the crypto-currency but perhaps not others.

The approach also blurs the differences between Bitcoin and other uses of blockchain technology in financial services. Bitcoin is an open system which, in principle, anyone can harness. However, most uses in financial markets are only likely to be open to authorized participants.

Another approach to defining blockchain is to refer to it as distributed ledger technology (DLT). This has the drawback of assuming knowledge that many do not possess. Many are unfamiliar with the role of a ledger, let alone of the significance of making it distributed.

Preston Byrne, the chief operating officer of Eris Industries, a financial technology (fintech) firm, explains it in simpler terms. “Blockchain is a database,” he says. “It’s a file. A file which updates itself in multiple places at once, depending on what its users tell it to do”.

This definition has the virtue of simplicity but it does not make clear why its advocates see blockchain as having so much potential. HSBC Securities Services spells out the technology’s key characteristics in a briefing:

• Distribution: rather than relying on a centralized record it has a shared ledger which is visible to every node or participant.
• Security: the use of cryptography makes the system public yet secure.
• Immutability: blockchain technology is designed to prevent tampering or amendment.
• Trust: blockchain data can act as a trusted, mutually agreed record.

From this starting point, the potential impact on the investment industry becomes clear. Akbar Sheriff, global head of strategy and office of regulatory initiatives at State Street, explains that a typical securities industry transaction can include as many as five entities. There are two principals (the buyer and seller), often each of them will have their own agents (broker-dealers). The transaction will typically go through a neutral clearing house.

Blockchain would simplify this considerably by cutting out the need for agents. “Such technological advances present the opportunity to overhaul existing models, speed processes, and streamline costs,” says Sheriff.

It would also mean a move away from the conventional ledger. Instead, there would be a distributed ledger. “It’s a new way of working where to a certain extent where if you exchange assets or contacts you potentially no longer need a central point of reference,” says Philippe Ruault, head of innovation and digital lab at BNP Paribas Securities Services.

In his view, it would have several advantages. It would be faster, more resilient, operate across borders and be cheaper.

It is certainly a technology that the investment industry – including not only asset management but custody and asset servicing – expects to have a considerable impact. A survey conducted in March 2016 by Multifonds, an investment software firm, found that 41.6% of respondents expected blockchain to be a potential channel of disruption (see figure 1). Only big data analytics, at 43.2%, scored higher. In contrast, robo advice was at 22.4% and social media at 19.2%.

Implementation
Nevertheless, there is a difference between seeing blockchain as desirable or inevitable, perhaps both, and its implementation. Blockchain represents a fundamental shift in the way transactions have been done. It could operate in multiple markets and across many jurisdictions.

It also raises questions for regulators about how they can handle the new way of working. Using the new technology within companies should not be a problem but changing market infrastructures is another matter. “How it flies in terms of the regulatory framework is still something to be assessed,” says Ruault.

Blockchain, therefore, is more potential than reality. Although, the concept is becoming accepted there are few examples of its implementation.

The best known is probably Bitcoin, itself although there are several hundred crypto-currencies in existence. In effect these are a high-tech and secure alternative to cash. They are designed to provide a secure way of making payments, sometimes beyond the gaze of the authorities. Indeed libertarians have often advocated Bitcoin as they see it as representing freedom from state interference. Others fear that they will be used to facilitate criminal activity. In any case crypto-currencies have so far failed to live up to the hype invested in them.

Nevertheless, there are tentative moves for international banks to use blockchain technology for cross-border payments. Ripple, a start-up company based in San Francisco, is starting to make a mark in this area. For example, Santander, the UK bank, has used Ripple’s technology to drive a pilot version of a new smartphone application that allows international payments.

Nor has the use of blockchain been confined to banking. The Nasdaq used the technology to complete and record a private securities transaction last December. The exchange claimed it was the first transaction to use the technology.

The number of applications is likely to surge before long. Financial services companies and fintech firms are in the midst of feasibility and pilot studies. No doubt many are not yet in the public domain.

Eiris Industries, which was set up by lawyers and software specialists, sees potential in the legal industry. “We think this stuff is good at automating relationships and we’re a bunch of lawyers,” says Byrne. “Lawyers manage and formalize relationships in real life. What we do is applying that knowledge to software.”

However, he says he knows of systems starting to go into production within the financial services industry. At present, he says, the focus is on the banking and insurance sector, but asset managers are starting to look too.

He points to some applications that sound like science fiction but might not be too far off. For example, those managing car loans, whether directly or within collaterized instruments, could achieve a higher degree of security. If repayments on the loan stop the lender could send a cryptographic signal to immobilize the car. It might even be possible to instruct it to drive back to the garage. This enhanced control over collateral could allow lenders to shave basis points off the cost of loans.

Blockchain technology could even allow the secure control of drones over the internet. Whether this would have any applications for the investment and pensions industry is not yet clear.

Although blockchain creates challenges for regulatory institutions it also offers opportunities. Central banks in particular are examining how to use it for their own purposes. In June 2016, the World Bank, International Monetary Fund and US Federal Reserve hosted a conference on the subject in Washington DC. Representatives from central banks around the world attended. Details of the talks were not released, but there are reports of central banks setting up digital currencies of their own. The Bank of Canada is already experimenting along such lines with the development of the CAD-coin, a digital version of the Canadian dollar. Such currencies could also allow individuals and firms to open their own accounts at central banks rather than reserving that privilege for retail banks. The possibility of using the technology in specific niches, such as in secondary markets for more exotic securities, has also been raised.

No doubt the current discussion of blockchain involves considerable hype. Even avid advocates of the new technology seem to accept that is the case. But even if a fraction of what is promised ends up being delivered the impact on securities markets could be considerable.

Daniel Ben-Ami
Investment & Pensions Europe