Scarinci Hollenbeck, LLC
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201-896-4100 info@sh-law.comFirm Insights
Author: Scarinci Hollenbeck, LLC
Date: May 29, 2020
The Firm
201-896-4100 info@sh-law.comThe Regulatory Examination Process has clearly evolved in positive directions over the past several years. Thanks in part to these prior process improvements, the SEC, CFTC/NFA and FINRA are able to conduct regulatory exams virtually in response to the COVID-19 pandemic, and member firms are generally able to respond to regulatory requests in kind. Examination staff prepare requests remotely and serve them digitally upon member firms. Member firm response teams can typically access firm documents remotely and coordinate timely production of responsive information without needing to be present in the office. The growth, development and increased use of data analytics in risk-focused exams has effectively demonstrated both regulators’ capabilities to conduct, control and apply automated surveillance to the examination process and the industry’s ability to meet their obligations.
The OCIE has published its 2020 exam priorities, and key examination themes include (i) conflicts of interest, (ii) cybersecurity and cyber risk assessment, and (iii) chasing Alpha through alternative investment or alternate data providers, which in turn leads to concerns about sourcing, data protection, controls and governance.[1] This Client Alert presents observations about the impact of COVID-19 on the exam process, focusing on technical developments in the exam process, and considers whether current methodologies are in fact a blueprint for the future.
The trends of regulators’ use of increasing technological sophistication in examinations and member firms’ increasing reliance on remote technologies to respond to both routine and ‘cause’ requests have reached a point of intersection during this period of social distancing measures designed to combat the COVID-19 pandemic. We anticipate that, in addition to the enterprise-level risks that regulators’ technologies are designed to isolate, regulators will also focus on risks created by member firm workforces that are operating remotely and, perhaps, in reduced numbers. As a result, firms should be especially vigilant in understanding regulators specific exam requests and documenting their responses to these specialized requests. It is clear that regulators continue to increase the number of completed exams annually and utilize innovative technologies with a more highly trained staff to meet their priorities.
If you have any questions or if you would like to discuss the matter further,
please contact Paul Lieberman or the Scarinci Hollenbeck attorney with whom you work, at (201) 896-4100.
[1] For OCIE’s discussion of its 2020 exam priorities, see, e.g., OCIE 2020 Exam Initiatives Release. https://www.sec.gov/news/press-release/2020-4
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