Overview:The NASD Rule 3110, provides specific requirements for how NASD members capture and store customer information. The rule applies to all records, mail, e-mail and instant messaging and most data collected from their customers. The rule also specifies how the records are processed, stored and in what format. Failure to comply with Rule 3110 could lead to substantial penalties.
The Knowledge Congress is assembling a panel of distinguished professionals and key regulators to help understand the impact of Rule 3110 and the indexed annuities market. The speakers will present their expert opinions in a two-hour LIVE Webinar.
<strong id="ep-name-of-speaker">Nicholas Mannarino, Managing Director</strong>
<em id="ep-speaker-firm">Market Resolve, LLC </em>
- Accountability within the Organization
- Control, enforcement of policy and procedures
- Organizational implementation of workflows / Process changes
<strong id="ep-name-of-speaker">Jonathan Costa-Saint John, Managing Director</strong>
<em id="ep-speaker-firm">Market Resolve, LLC </em>
With the challenging market environment, staff transitions, and search for cost efficient solutions for operational processing, it is increasingly important for firms to “get back to basics” and review their current operations from an operational and process risk perspective.
Geographic dispersion of functions, staff coverage requirements, the need for structured escalation of issues present unique challenges to operations managers. We summarize the systematic approach to reviewing and enhancing the control environment as DIMME: Define, Implement, Monitor, Mitigate, Evolve:
- Define & Implement:
– Key Control Points
- Monitor and Mitigate Risk
– Operational Process Flow
– Key Control Points and Potential Fails
– Respond to Potential Operational Risk
– Documentation Control and Change Management
- Integration and Evolve
– Legacy System Integration
– Centralized Document Control, Global Distribution, Individual Role Authentication
– Seamless Change Process and Communication
<strong id="ep-name-of-speaker">Brian L. Rubin, Partner</strong>
<em id="ep-speaker-firm">Sutherland </em>
- Recent enforcement actions
- Top 10 enforcement issues regarding email retention and use
<strong id="ep-name-of-speaker">Robert Boresta, Partner</strong>
<em id="ep-speaker-firm">Winston & Strawn LLP</em>
- Electronic Signatures - what is the lay of the land?
- Third Party Downloaders - requirements and best practices
- Policies to manage risk in electronic communications
<strong id="ep-name-of-speaker">Amy Lynch, CRCP, President</strong>
<em id="ep-speaker-firm">FrontLine Compliance, LLC</em>
Electronic recordkeeping- the do’s and don’ts
Customer Complaints- when does correspondence become a complaint?
Client files- what should files contain and what must be retained
New Account Forms- best practices
Who Should Attend:
- Securities firms & Stock brokerage firms
- Banks & Financial institutions
- Registered representatives
- Individuals that trade securities
- Individuals act as brokers for traders
- Investment Adviser
Nick Mannarino is Managing Partner and a founder of Market Resolve; a New York based consulting firm providing end-to-end solutions tailored to the full range of diverse challenges faced by financial services organizations such as compliance, process, workflow, and control documentation. Nick brings deep expertise of operational management, reviews, and assessments from his many years experience in all aspects of the securities industry. He has been responsible for the concept and development of our proprietary software, which provides process and workflow controls to middle and back office.
Nick started Market Resolve, LLC after leaving JP Morgan, as Chief Operating Officer of JP Morgan Securities, Inc. and member of its Board of Directors. He has been continually active in the Bond Market Association and Securities Industries and Financial Markets Association, having chaired and served on various committees.
Nick Mannarino is Managing Partner and a founder of Market Resolve; a New York based consulting firm providing end-to-end solutions …
Jonathan C. Saint John is Managing Director, Head of Business Development, Sales and Marketing for Market Resolve. Market Resolve combines deep industry knowledge servicing all areas of a financial organization with a specialized expertise in enterprise-wide operational management to assist middle and back office operations in minimizing risk, maximizing profit and evolve with greater precision and certainty. Jonathan’s strengths encompass strategic and relationship management, sales and marketing. He is charged with the development of the overall sales strategy and relationship management, in addition he is responsible for the execution of branding and marketing, for all Market resolve products and services, including its proprietary software, i5 Optimum.
Jonathan C. Saint John is Managing Director, Head of Business Development, Sales and Marketing for Market Resolve. Market Resolve combines …
Brian L. Rubin is a partner in Sutherland’s Washington, DC office. He represents companies and individuals being examined, investigated and prosecuted by the Securities and Exchange Commission, the Financial Industry Regulatory Authority (FINRA) and states. He also advises broker-dealers and investment advisers on federal and state regulatory and compliance matters. Recently, Brian tried a precedent-setting case against the SEC regarding Regulation S-P. He also successfully defended a firm and its president in a trial and an appeal brought by the SEC involving Class B share mutual funds.
In 2007, Brian was recognized in The Best Lawyers in America. He also won the 2006 Burton Award for Legal Achievement for co-authoring "The House That the Regulators Built: An Analysis of Whether Respondents Should Litigate Against NASD," published in the May 2005 issue of BNA's Securities Regulation & Litigation Report. Brian is also a member of the Board of Advisors of the Securities and Exchange Commission Historical Society.
Prior to joining Sutherland, Brian was the Deputy Chief Counsel with the NASD's Enforcement Department, where he managed attorneys and examiners in the Washington, DC, home office and in the district offices. In September 2002, he received the prestigious Excellence in Service Award for outstanding commitment and superior performance in support of NASD. He also received the NASD President’s Award for outstanding performance and dedicated service. Previously, Brian was Senior Counsel in the SEC’s Division of Enforcement, where he investigated and prosecuted violations of federal securities laws.
During his eleven years as an enforcement attorney with the SEC and NASD, Brian investigated and prosecuted numerous significant cases, including: » The $1.4 billion global analyst/investment banker conflicts of interest settlement;
» Settlements and litigated actions against firms and analysts for drafting and distributing misleading research
reports, including a $15 million fine against one analyst and a $5 million fine against one firm;
» Settlements with firms for sales practice and supervisory violations in connection with variable life insurance
and variable annuities, including a $20 million fine against one firm;
» Global settlements with five firms totaling $8.25 million for failure to preserve e-mails;
» Settlement with firm, portfolio manager and supervisor for the fraudulent sale of a $1 billion mutual fund;
» Settlements and litigated actions against firms and individuals for misleading advertisements for mutual funds,
variable products and day trading strategies; and
» Insider trading cases, including one that led to the disgorgement and distribution of $1 million; and
Brian regularly speaks at securities conferences. He also often writes articles on enforcement, regulatory and compliance issues. Brian is a member of the Editorial Board of the Journal of Securities Law, Regulation & Compliance. In addition, he is a member of the Editorial Advisory Board of Practical Compliance and Risk Management for the Securities Industry.
Brian has a J.D. and an M.A. in Economics from Duke University. His undergraduate degree is from the Wharton School, University of Pennsylvania.
Brian L. Rubin is a partner in Sutherland’s Washington, DC office. He represents companies and individuals being examined, investigated and …
Robert Boresta is a corporate partner in the New York office who concentrates his practice in broker-dealer, investment management, and financial services regulation and compliance. Mr. Boresta has extensive experience advising financial service companies on broker-dealer and investment adviser matters arising under federal and state securities laws and self-regulatory organization rules, including supervisory and compliance policies and procedures, business expansions, regulatory inquiries, examinations and investigations, internal compliance reviews, financial and operational matters, disclosure issues, and new product development. He also regularly advises managers of private funds on compliance with laws and rules applicable to investment advisers. His experience includes advising clients with the structuring, formation, and licensing of securities firms with the SEC, SROs and state securities authorities, and with mergers and acquisitions involving broker-dealers and investment advisers. He also has assisted clients with the preparation and negotiation of agreements and forms related to their business.
Mr. Boresta is a member of the American Bar Association, Federal Regulation of Securities: Private Placement Broker-Dealer Task Force. He also is a member of the ABA’s subcommittees on Marketing Regulation, Investment Companies and Investment Advisers and the FINRA Corporate Financing Rules subcommittee. He is also a member of the ABA’s Committee on State Regulation of Securities. Mr. Boresta serves a member of the Greater Bergen Area board of directors of CancerCare.
Mr. Boresta received a B.A. from Rutgers College in 1979. He received a J.D. from Fordham Law School in 1984.
Robert Boresta is a corporate partner in the New York office who concentrates his practice in broker-dealer, investment management, and …
Ms. Lynch has over 19 years experience in the financial industry. She began her compliance career with the SEC’s Office of Compliance Inspections & Examinations, working in both the New York and Washington, DC offices. At the SEC, she was responsible for conducting examinations of mutual funds, investment advisers, and insurance firms nationwide. From there she moved into the private sector where she served as DOC and CCO for firms such as Mercantile Capital Advisors, Inc. (a bank affiliated investment adviser) and E*Trade Financial, and was Vice President at RegEd.com, where she developed a leading branch audit software program. Ms. Lynch later returned to the regulatory side with FINRA’s Enforcement Department in Washington, DC. There she specialized in heightened regulatory issues confronting the securities industry and was responsible for managing several industry wide “sweeps” conducted by FINRA Enforcement.
During her distinguished career, Ms. Lynch has been recognized as an expert on a number of high profile regulatory issues involving investment adviser compliance, variable insurance products, mutual funds, and hedge funds. Ms. Lynch was one of the first graduates of the FINRA Institute/Wharton School Certification Program and holds the Certified Regulatory Compliance Professional (“CRCP”) designation in addition to her B.S. in Business and Economics.
Ms. Lynch has been a frequent speaker at industry conferences sponsored by such organizations as the Securities Industry and Financial Markets Association (SIFMA), ALI-ABA, Institutional Investor, IA Watch, BD Week and Financial Research Associates. She has presented on a variety of regulatory topics such as investment adviser compliance, variable product compliance, soft dollars, mutual fund compliance, valuation, advertising, electronic communications and outsourcing.
Ms. Lynch has over 19 years experience in the financial industry. She began her compliance career with the SEC’s Office …
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Market Resolve is a New York-based firm that provides comprehensive industry-specific consulting, software solutions and staffing services to financial institutions. Servicing all areas of an organization, Market Resolve delivers innovative solutions with a focus on making enterprise-wide operational management appear “virtually seamless”. As a full-service solutions provider, our ability to tailor solutions on a case-by-case basis allows us to service market segments from start-up Hedge Funds to top-tier Institutions. Combining our extensive industry expertise and cutting-edge technology we help our clients address the diverse challenges faced by today’s the financial services industry.
Using our proprietary software, i5 Optimum®, you can manage organizational processes and control points from anywhere around the world and supply up-to-the-minute real-time activity-streamed data reducing cost and increasing efficiencies all while ensuring a repeatable, flawless process execution.
By introducing greater precision and certainty to operational management, you’ll be able to minimize risk, handle increased volumes, and ultimately, maximize your profits.
Website: Market Resolve
About Market Resolve, LLC
About Winston & Strawn LLP
About FrontLine Compliance, LLC