For years, I have helped professionals in the financial services industry deal with the ever-present problems of compliance. To help identify the specific opinions and preferences of those in the industry, we surveyed 100 financial service professionals to gauge their thoughts, opinions and experiences. Needless to say, we received some very interesting information.
The most startling revelation was that nearly 20 percent of the respondents were aware of someone who had knowingly violated compliance rules and regulations. Imagine that. Twenty percent is an absolutely astounding amount. If twenty percent of the respondents are aware of someone who knowingly committed a violation, imagine how many violators they are unaware of.
The very frank, detailed responses from the participants were even more staggering. One participant said that these violations happen every day. “You can’t work in the securities industry and not violate an NASD or SEC rule every single day – it can’t be done,” said the respondent. This particular respondent has reached the mindset that violations are unavoidable. Once this mindset has been reached, something is definitely wrong.
These blunt responses are a direct reflection of the feeling on compliance currently shared in the industry. Advisors lack the time and desire to complete training. One respondent revealed that their reps have assistants, managers and other reps take the exams for them.
So what is the cause of this breakdown? Simply put, very few compliance officers “get it.” As an industry, we do a terrible job in training our reps in compliance and ethics. For example, let’s look at those dreadful computerized exams. First off, they’re very hard to read and boring. Looking deeper into the problem, these exams don’t focus on actual everyday scenarios. Worst of all, they’re begging, I mean really begging, for people to cheat on them. So we have a boring, difficult exam that’s easy to cheat on. This doesn’t sound like a very good process to promote learning.
In addition to the many problems in the training process, many advisors are forced to deal with inefficiencies in their office. Approximately 40 percent of the survey respondents had been told by compliance that they couldn’t do something that they knew was legal. So let’s get this straight, in an industry of tight rules and regulations, we’re now further confusing our advisors by incorrectly telling them they can’t do things that they actually can? Considering the previously discussed deficiencies in training, it’s easy to see how one could be confused.
Quite honestly, the industry is very discouraged over the current state of regulations because it eats into their profitability and time. Time is the most important resource of any organization, it’s always working against you and there is never enough of it. Consider that 13 percent of registered reps surveyed lose one entire day per week to compliance issues and paperwork. These reps are losing an entire day, in a world where we never have enough time! Well at least they’re putting forth the effort; 30 percent of the responding reps spend less than an hour a week on compliance. So we have reps either wasting too much time on the issue, or not spending enough time. Neither result is good for the advisor or the investor.
It would seem the advisors realize the seriousness of the issue, 45 percent of the respondents are concerned about facing an arbitration complaint or lawsuit. The truth is everyone should be concerned. Arbitration and lawsuits are not only financially costly, but very time consuming. To protect ourselves, these issues must be addressed to take the proper precautions. Visit www.vestmentadvisors.com for more information and to sign up for our eZine newsletter. Compliance concerns aren’t to be taken lightly, correct the problem now or pay later.
Katherine Vessenes, JD, CFP®, president of Vestment Advisors in Shorewood, MN, is the country’s best known authority on the legal and ethical issues facing financial advisors. She provides advisors a bumper to bumper system to break down barriers and build up their business. She can be reached at Katherine@vestmentadvisors.com or 952-401-1045.