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未能监督经纪人导致投资损失

芬兰是金融行业监管机构,是监督所有经纪公司的监管机构。芬兰法规的基石是企业必须制定监管程序以确保消费者保护的任务。分支机构和合规人员必须审查众多报告,通常是计算机生成的,以确定和查明其办公室的任何违规行为。此过程已到位保护客户免受自己的财务顾问。

一个标准检查和余额是例外报告,它应该是“红旗”任何令人不安的事件。虽然存在这些报告,但他们经常常规忽略它们。在特定情况下,客户的账户被经纪人搅拌。搅拌意味着经纪人正在推荐,以持续购买和出售证券很少,这是为了掌握客户的最佳利益。bob200体育计算机化监督系统得出结论,该账户具有非常高的营业额率非常高,这是一个技术术语,表明账户正在被搅拌。虽然合规性有红旗警报,但他们没有任何监督经纪人。除了为搅拌和不合理起诉,客户还有一个未能监督的情况。

In another matter, the broker was recommending the same product for almost all his clients. Compliance personnel can run reports assessing the type of products/securities a financial advisor was recommending for all his clients. Generally, an advisor will have different clients with different needs and risk tolerances. As such, the advisor's "book of business" would naturally be varied, with different portfolios for different clients who naturally fall into diverse categories. In this instance, the advisor had almost all his clients in the exact same product, regardless of age, objective and risk tolerance. That pattern should have been a red flag for the compliance department. However, it was neglected and they did nothing about it. The product in question resembled that of a Ponzi Scheme and all the clients ended up with considerable losses.

芬兰有许多关于监督客户账户和财务顾问的规则。一个主要例子是规则3110,该规则3110要求金融公司,即芬兰成员,建立和维护一个确保所有财务顾问/经纪人活动的适当监督的系统。此外,建立的系统必须确保顾问/经纪人遵循所有经济相关的法律,证券法规和芬兰则规则。bob200体育3110的主要宗旨是金融实体已编写的监督程序(“WSP”)的任务是。这必须包括有关监督监管的规则,以确保监事实际上受到监督。3110还规定了创建了一定的模拟结构,以确保这些结束。这样,会有监督员自己被人们监督的人被监督。当然,所有这一切都必须以特殊性撰写,以列出层次结构中的所有监督责任,并详细说明如何进行监督。WSP还必须提供涉及系统测试的程序,以确保合规和指定校长进行任务。必须指定一名首席合规官员(“CCO”)。

3130's other important tenet is the yearly process that certifies the firm's compliance with its WSPs. The certification has to be in writing and also requires that the firm's CEO do the actual certification. Therein, the CEO would affirm that policies and procedures are in place to ensure the firm will continue to comply with applicable regulations and laws. The next step would be a formal reporting to the board of directors and any applicable committees. Furthermore, the CEO' must verify that he or she has held a formal meeting with the CCO and has discussed compliance and supervisory procedures. There must be an in-person meeting, not just a bunch of memos.

The next set of Finra rules that are of the utmost importance in the field of supervision are Rules 2090 (Know Your Customer Rule) and 2111 (the Suitability Rule). To paraphrase 2090, all financial advisors/brokers must be diligent when it comes to opening and maintaining every client account. He or she must also know and understand the important facts of every client. 2090 essentially ties into 2111, the Suitability Rule. 2111 mandates that before an advisor/broker makes a recommendation he or she must have a reasonable basis that the recommendation is a suitable transaction or strategy. This includes not only a recommendation to buy or sell, but also to hold a security or maintain a strategy.

涉及监督的另一个进口芬兰统治是2210.它处理了财务顾问/经纪人的公共交流。在我们生活的电子世界中,监督员对顾问传输的勤奋至关重要。所有通信必须批准,以确保财务顾问/经纪人不会误解。鉴于传输范围从电子邮件和文本到Twitter和Facebook,主管必须努力。

最后,是顾问/经纪人的任何外部业务活动的规则3270。在Sumation中,该规则要求披露顾问/经纪人的所有业务活动,这些业务活动与其就业无关。这是如此重要的原因是,在过去,一些肆无忌惮的金融专业人士已经建立了侧面计划,他们将毫无戒心的客户投资,通过宣称公司创造的私募,或者该公司以某种方式认可了它。此活动称为“销售”和所有金融公司禁止此类活动。

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