Regulatory Compliance in the Financial Industry: Why It Matters in 2023 (2024)

Regulatorycompliance is critical in the financial industry because it ensures thatfinancial institutions operate within legal and ethical boundaries.Noncompliance with regulatory requirements can result in significant legal andfinancial penalties, as well as reputational harm.

In thisarticle, we will define regulatory compliance, explain why it is important, anddiscuss how financial institutions can ensure they are in compliance withapplicable regulations.

The process ofensuring that financial institutions operate within legal and ethicalboundaries is referred to as regulatory compliance.

Compliance withlaws, regulations, and guidelines established by regulatory bodies, such as theSecurities and Exchange Commission (SEC), the Financial Industry RegulatoryAuthority (FINRA), and the Consumer Financial Protection Bureau is part of this(CFPB).

Riskmanagement, record keeping, customer due diligence, anti-money laundering, anddata protection are all examples of regulatory compliance activities. To ensurecompliance with relevant regulations, financial institutions must havepolicies, procedures, and controls in place.

What Is the Significance of Regulatory Compliance?

Regulatorycompliance is critical for a number of reasons. To begin with, it protectscustomers from fraud and other unethical practices.

Noncompliantfinancial institutions may engage in activities that harm customers, such asmisrepresenting investment opportunities, charging hidden fees, or failing toprotect customer data.

Second,regulatory compliance contributes to the financial system's stability.Financial institutions that do not follow regulations may engage in activitiesthat endanger the financial system's stability, such as investing in high-riskassets or engaging in predatory lending practices.

Finally,regulatory compliance is critical for financial institutions' reputations.Noncompliance with regulations can result in severe reputational harm, makingit more difficult for financial institutions to attract customers, partners,and investors.

What Steps Can Financial Institutions Take to Ensure Regulatory Compliance?

A set of bestpractices can help financial institutions ensure regulatory compliance. Theseare some examples:

Recognizingrelevant regulations

Financialinstitutions must be well-versed in all relevant regulations and guidelines.This includes staying up to date on any changes to regulations and ensuringthat all employees understand their responsibilities under these regulations.

Puttingin place a compliance program

Financialinstitutions should establish a compliance program that outlines policies,procedures, and controls to ensure regulatory compliance. This program shouldbe reviewed on a regular basis and updated as needed to reflect changes inregulations or operating conditions.

Performingrisk assessments

Regular riskassessments should be conducted by financial institutions to identify potentialareas of noncompliance and to take steps to mitigate these risks. This couldinclude adding more controls, training employees, or changing policies andprocedures.

Staff trainingfinancial institutions should provide regular regulatory compliance training for their employees. Training on relevant regulations, policies, and procedures, aswell as training on ethical behavior and best practices, should be included.

Testingand monitoring

Financialinstitutions should have systems in place to monitor and test regulatorycompliance. This could include routine internal audits, external reviews, orself-evaluations.

Non-compliancereporting

Financialinstitutions must have procedures in place to report violations of applicableregulations. This may include required reporting to regulatory bodies,customers, or other stakeholders.

What Are the Consequences of Noncompliance?

Noncompliancewith relevant regulations can result in serious legal, financial, andreputational consequences. These are some examples:

Legaldangers

Financialinstitutions that fail to comply with applicable regulations may face legalconsequences, such as fines, penalties, and lawsuits. This can result insignificant financial costs as well as damage to the institution's reputation.

Financialdangers

Noncompliancecan also result in financial risks such as lost revenue, higher costs, andreputational harm. Financial institutions, for example, may lose customers orface increased regulatory scrutiny, which can result in additional costs.

Risksto one's reputation

Noncompliancecan also have serious consequences for one's reputation. Financial institutionsthat fail to comply with regulations risk negative publicity, brand damage, anda loss of customer trust.

This can makeit difficult for institutions to attract new customers, partners, or investors,as well as to retain existing ones.

Operationaldangers

Noncompliancecan also result in operational risks, such as disruptions in businessoperations, data loss, or customer information breaches. These risks can impairfinancial institutions' ability to operate effectively and result insignificant financial costs.

What Are the Main Challenges of Compliance in the Financial Industry in 2023?

The financialsector is determined to tackle compliance issues head on. However, there arestill many pitfalls they should look out for.

On one hand,banks, which are inherently conservative institutions, attempt to achievecompliance throughout their massive scale operations, often by leveraging theirestablished nature and longevity in what concerns relations with governments.

On the other hand,the Fintech and crypto industries while challenging banks, need to ensurethat in their battle against traditionalism they remain compliant in whatconcerns financial technology.

Staying up todate with the constantly evolving regulatory framework and the often-disruptivefinancial technological advances isn’t an easy task, so we’ve highlighted 4 of themost critical areas in which financial institutions on both sides of the aisleshould tread lightly.

  1. Keepingup with consumer laws: historically, consumer laws have consistently presentedthemselves as a challenge. This happens as a direct consequence of having aplethora of laws which need to be upheld and which inherently have anevolutionary nature.
  2. Fightingagainst cyber-attacks: financial institutions are well-known hacker honeypots.As such, maintaining compliance is quintessential as it can make or break anyinstitution within the financial sector. Keeping threats at bay, however, isneither easy nor a straightforward process as regulatory standards evolve (much ofthe time at a slower rate than technological advances).
  3. Datasecurity: threats are one thing, data privacy and data protection, however, arecompletely different. As such, processing data, storing data, and the company’ssecurity procedures need to be in line with the latest compliance frameworks.
  4. Compliancecosts: keeping costs in check when it comes to compliance isn’t always easy.Between the actual costs of keeping up with the rules, there are alsoregulatory fines, the salary of a company’s compliance officers, and many otherthings which should be factored into the equation. As such, a company can losecontrol of its spending really fast which is why it is undeniably important toknow how to properly allocate resources and effectively manage costs.

WrappingUp

Regulatorycompliance is critical in the financial industry because it ensures thatfinancial institutions operate within legal and ethical boundaries. Compliancewith relevant regulations is critical for the protection of customers, thestability of the financial system, and the reputation of financialinstitutions.

Understandingrelevant regulations, establishing a compliance program, conducting riskassessments, training staff, monitoring, and testing, and reportingnoncompliance are all best practices that financial institutions can use toensure regulatory compliance.

Noncompliancewith applicable regulations can result in significant legal, financial, andreputational risks, such as fines, penalties, lost revenue, increased costs,and harm to the institution's reputation.

As a result,financial institutions must take regulatory compliance seriously and take allnecessary steps to ensure compliance with relevant regulations.

By doing so,financial institutions can operate with confidence, knowing that they areoperating within legal and ethical boundaries and providing the highest levelsof protection and service to their customers.

Regulatorycompliance is critical in the financial industry because it ensures thatfinancial institutions operate within legal and ethical boundaries.Noncompliance with regulatory requirements can result in significant legal andfinancial penalties, as well as reputational harm.

In thisarticle, we will define regulatory compliance, explain why it is important, anddiscuss how financial institutions can ensure they are in compliance withapplicable regulations.

The process ofensuring that financial institutions operate within legal and ethicalboundaries is referred to as regulatory compliance.

Compliance withlaws, regulations, and guidelines established by regulatory bodies, such as theSecurities and Exchange Commission (SEC), the Financial Industry RegulatoryAuthority (FINRA), and the Consumer Financial Protection Bureau is part of this(CFPB).

Riskmanagement, record keeping, customer due diligence, anti-money laundering, anddata protection are all examples of regulatory compliance activities. To ensurecompliance with relevant regulations, financial institutions must havepolicies, procedures, and controls in place.

What Is the Significance of Regulatory Compliance?

Regulatorycompliance is critical for a number of reasons. To begin with, it protectscustomers from fraud and other unethical practices.

Noncompliantfinancial institutions may engage in activities that harm customers, such asmisrepresenting investment opportunities, charging hidden fees, or failing toprotect customer data.

Second,regulatory compliance contributes to the financial system's stability.Financial institutions that do not follow regulations may engage in activitiesthat endanger the financial system's stability, such as investing in high-riskassets or engaging in predatory lending practices.

Finally,regulatory compliance is critical for financial institutions' reputations.Noncompliance with regulations can result in severe reputational harm, makingit more difficult for financial institutions to attract customers, partners,and investors.

What Steps Can Financial Institutions Take to Ensure Regulatory Compliance?

A set of bestpractices can help financial institutions ensure regulatory compliance. Theseare some examples:

Recognizingrelevant regulations

Financialinstitutions must be well-versed in all relevant regulations and guidelines.This includes staying up to date on any changes to regulations and ensuringthat all employees understand their responsibilities under these regulations.

Puttingin place a compliance program

Financialinstitutions should establish a compliance program that outlines policies,procedures, and controls to ensure regulatory compliance. This program shouldbe reviewed on a regular basis and updated as needed to reflect changes inregulations or operating conditions.

Performingrisk assessments

Regular riskassessments should be conducted by financial institutions to identify potentialareas of noncompliance and to take steps to mitigate these risks. This couldinclude adding more controls, training employees, or changing policies andprocedures.

Staff trainingfinancial institutions should provide regular regulatory compliance training for their employees. Training on relevant regulations, policies, and procedures, aswell as training on ethical behavior and best practices, should be included.

Testingand monitoring

Financialinstitutions should have systems in place to monitor and test regulatorycompliance. This could include routine internal audits, external reviews, orself-evaluations.

Non-compliancereporting

Financialinstitutions must have procedures in place to report violations of applicableregulations. This may include required reporting to regulatory bodies,customers, or other stakeholders.

What Are the Consequences of Noncompliance?

Noncompliancewith relevant regulations can result in serious legal, financial, andreputational consequences. These are some examples:

Legaldangers

Financialinstitutions that fail to comply with applicable regulations may face legalconsequences, such as fines, penalties, and lawsuits. This can result insignificant financial costs as well as damage to the institution's reputation.

Financialdangers

Noncompliancecan also result in financial risks such as lost revenue, higher costs, andreputational harm. Financial institutions, for example, may lose customers orface increased regulatory scrutiny, which can result in additional costs.

Risksto one's reputation

Noncompliancecan also have serious consequences for one's reputation. Financial institutionsthat fail to comply with regulations risk negative publicity, brand damage, anda loss of customer trust.

This can makeit difficult for institutions to attract new customers, partners, or investors,as well as to retain existing ones.

Operationaldangers

Noncompliancecan also result in operational risks, such as disruptions in businessoperations, data loss, or customer information breaches. These risks can impairfinancial institutions' ability to operate effectively and result insignificant financial costs.

What Are the Main Challenges of Compliance in the Financial Industry in 2023?

The financialsector is determined to tackle compliance issues head on. However, there arestill many pitfalls they should look out for.

On one hand,banks, which are inherently conservative institutions, attempt to achievecompliance throughout their massive scale operations, often by leveraging theirestablished nature and longevity in what concerns relations with governments.

On the other hand,the Fintech and crypto industries while challenging banks, need to ensurethat in their battle against traditionalism they remain compliant in whatconcerns financial technology.

Staying up todate with the constantly evolving regulatory framework and the often-disruptivefinancial technological advances isn’t an easy task, so we’ve highlighted 4 of themost critical areas in which financial institutions on both sides of the aisleshould tread lightly.

  1. Keepingup with consumer laws: historically, consumer laws have consistently presentedthemselves as a challenge. This happens as a direct consequence of having aplethora of laws which need to be upheld and which inherently have anevolutionary nature.
  2. Fightingagainst cyber-attacks: financial institutions are well-known hacker honeypots.As such, maintaining compliance is quintessential as it can make or break anyinstitution within the financial sector. Keeping threats at bay, however, isneither easy nor a straightforward process as regulatory standards evolve (much ofthe time at a slower rate than technological advances).
  3. Datasecurity: threats are one thing, data privacy and data protection, however, arecompletely different. As such, processing data, storing data, and the company’ssecurity procedures need to be in line with the latest compliance frameworks.
  4. Compliancecosts: keeping costs in check when it comes to compliance isn’t always easy.Between the actual costs of keeping up with the rules, there are alsoregulatory fines, the salary of a company’s compliance officers, and many otherthings which should be factored into the equation. As such, a company can losecontrol of its spending really fast which is why it is undeniably important toknow how to properly allocate resources and effectively manage costs.

WrappingUp

Regulatorycompliance is critical in the financial industry because it ensures thatfinancial institutions operate within legal and ethical boundaries. Compliancewith relevant regulations is critical for the protection of customers, thestability of the financial system, and the reputation of financialinstitutions.

Understandingrelevant regulations, establishing a compliance program, conducting riskassessments, training staff, monitoring, and testing, and reportingnoncompliance are all best practices that financial institutions can use toensure regulatory compliance.

Noncompliancewith applicable regulations can result in significant legal, financial, andreputational risks, such as fines, penalties, lost revenue, increased costs,and harm to the institution's reputation.

As a result,financial institutions must take regulatory compliance seriously and take allnecessary steps to ensure compliance with relevant regulations.

By doing so,financial institutions can operate with confidence, knowing that they areoperating within legal and ethical boundaries and providing the highest levelsof protection and service to their customers.

Regulatory Compliance in the Financial Industry: Why It Matters in 2023 (2024)

FAQs

What are regulators focusing on in 2023? ›

As discussed above, regulators in 2023 explicitly highlighted their focus on fintechs, and banks' relationships with fintechs, as both high-risk and involving new and novel technologies and issues to be considered during examinations of financial institutions.

What is regulatory compliance and why is it important? ›

Regulatory compliance is the process of adhering to laws, regulations, standards, and other rules set forth by governments and other regulatory bodies. It is an important aspect of doing business, as companies are required to follow certain laws and regulations to maintain their operations.

Why is compliance important in finance? ›

The compliance department ensures that a business adheres to external rules and internal controls. In the financial services sector, compliance departments work to meet key regulatory objectives to protect investors and ensure that markets are fair, efficient and transparent.

What is an important purpose of regulations in the finance industry? ›

Financial regulation is part of ensuring the safety and soundness of the financial system and protecting consumers.

What are the upcoming regulatory changes in banking 2024? ›

Regulators are expected to continue ramping up supervisory activities through 2024 around liquidity, third-party risk, anti-money laundering (AML), cybersecurity, and operational resilience.

Which are the primary goals behind regulatory changes today? ›

More specifically, the regulatory changes introduced after the financial crisis were aimed at pursuing three main objectives: (i) improve the resilience of individual banks, thereby reducing the risk of financial institutions to fail, (ii) improve the resilience of the financial system as a whole, limiting the risk of ...

What is the most important benefit of compliance with the regulations? ›

Regulatory compliance is important for organizations to avoid fines and penalties, streamline processes and procedures, reduce the risk of security breaches, enhance their reputation, and close deals, especially upmarket.

What are examples of regulatory compliance? ›

Examples of regulatory compliance laws and regulations include the Payment Card Industry Data Security Standard (PCI DSS), Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), Sarbanes-Oxley Act (SOX), EU's General Data Protection Regulation (GDPR) and the ...

Why are you interested in regulatory compliance? ›

From a corporate perspective, regulatory compliance policies help to avoid legal issues, reputational damage, and financial penalties. Regulations also protect human safety, customer privacy, and the environment.

What is compliance in the financial industry? ›

Financial compliance is the regulation and enforcement of the laws and rules that exist within the financial services sector and capital markets.

What is the future of compliance in financial services? ›

The future of compliance in financial services institutions will create long‑term value for their organizations. Through efficient organization and processes, the compliance function of the future has a reduced footprint, lower costs and is an enabler of opportunities in the insights-driven organization.

What are compliance rules in finance? ›

Financial compliance involves adhering to the financial sector's laws, regulations, and industry standards. This adherence is crucial because it maintains transparency, protects investors, and prevents illegal activities like money laundering.

What are the arguments for and against the regulation of the financial industry? ›

Stiglitz holds the view that “a better-regulated financial system would actually be more innovative in ways that mattered”. An argument against regulation is that it makes firms less efficient because they have to bear the cost of compliance.

What happens if regulatory policies for a business are violated? ›

Violations of regulatory requirements often result in legal punishment for individuals and organizations, including fines and debarment from future government programs and contracts.

What does regulatory mean? ›

adjective. of or relating to the control or direction of an activity by a set of rules, laws, etc.: The Coast Guard is to be commended for this current regulatory effort, as their proposed restriction addresses many concerns of the seafaring community.

What are the expectations of regulators? ›

It should ensure that the strategy and culture are aligned and act by example to promote that culture. Effective leadership: The board should ensure that the necessary financial and non-financial resources are available to facilitate the delivery of the business strategy.

What is the main goal of regulators? ›

There are four primary goals of regulation: restrictive regulation, reactive regulation, proactive regulation, and transparent regulation. Many regulators draw upon some combination of these four ideals in their work. The extent to which each goal is utilized varies from regulator to regulator.

What are the consumer financial trends in 2023? ›

Budgeting is becoming a top priority for consumers

Online conversations about finance apps increased by more than a third between March 1, 2023 and February 29, 2024, compared to the previous 12 months. The increasing popularity of finance apps can also be seen in search interest.

What are the regulators responsible for? ›

A Regulatory Authority is a government entity or agency accountable for implementing the rules and regulations in various sectors. It is among its functions to apply norms, restrictions, or limitations, establish the standard for operations, and enforce or ensure conformance in these areas.

References

Top Articles
Latest Posts
Article information

Author: Fredrick Kertzmann

Last Updated:

Views: 5477

Rating: 4.6 / 5 (46 voted)

Reviews: 93% of readers found this page helpful

Author information

Name: Fredrick Kertzmann

Birthday: 2000-04-29

Address: Apt. 203 613 Huels Gateway, Ralphtown, LA 40204

Phone: +2135150832870

Job: Regional Design Producer

Hobby: Nordic skating, Lacemaking, Mountain biking, Rowing, Gardening, Water sports, role-playing games

Introduction: My name is Fredrick Kertzmann, I am a gleaming, encouraging, inexpensive, thankful, tender, quaint, precious person who loves writing and wants to share my knowledge and understanding with you.