SEC’s Division of Examinations issues Risk Alert on digital assets
SEC's Division of Examinations bug Risk Alert on digital assets
The Risk Alert seemed to accept item aim at banker-dealers, who have been "inadequate" in their AML compliance.
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The Security and Exchange Committee'south Division of Examinations published on Friday a blueprint for investment managers and institutions on how the sectionalisation volition inspect the handling of crypto assets, or "digital asset securities," moving forward.
The sectionalisation (formerly the Office of Compliance Inspections and Examinations) is the second-largest fly of the SEC and is tasked with overseeing securities industry players to ensure regulatory compliance.
Targeted toward investment advisors, broker-dealers, exchanges and transfer agents, this Risk Alert provided a broad list of specific procedural, bookkeeping and advisory steps the division will exist expecting from securities companies in future examinations.
"As more securities industry participants seek to appoint in digital asset-related activities, this Risk Alert provides transparency about areas of focus for the Division's future examinations," the role wrote.
Investment advisors should be aware of risks associated with forks and airdrops, and the Sectionalisation will be reviewing advisors' "fulfillment of their fiduciary duty with respect to investment advice," a comment presumably related to disclosing the risks associated with crypto.
Investment custodians, meanwhile, should have "continuity plans" in situations where key executives take access to private keys, and the sectionalisation will be examining private cardinal management going forward.
Among the near thorough sections is guidance effectually Anti-Coin Laundering considerations for broker-dealers, which the division seemed to imply has been a betoken of failure for some institutions.
"Certain pseudonymous aspects of distributed ledger engineering present unique challenges to the robust implementation of an AML program," the division wrote.
"The staff has observed broker-dealer AML programs that have not consistently addressed or implemented routine searches or, to the extent they implemented routine searches, have non updated those searches to check against the Specially Designated Nationals list maintained by the Office of Strange Assets Control ("OFAC") at the U.S. Department of the Treasury."
The Risk Alert also noted "inadequate" AML procedures and documentation, noting that it would exist examining for "filing suspicious activity reports and performing client due diligence."
Source: https://cointelegraph.com/news/sec-s-division-of-examinations-issues-risk-alert-on-digital-assets
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