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Understanding NY DFS Rule 504
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02-06-23

Understanding NY DFS Rule 504

Are you a regulated financial institution that operates in New York? If so, it is important to familiarize yourself with the New York State's Department of Financial Services (DFS) Rule 504. The rule was put into place in 2017 and requires companies to establish anti-money laundering (AML) programs that meet the DFS’s specific and strict requirements, and to certify compliance with the regulation annually to the DFS. Bates has the details in this new article.

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NYDFS Guidance on Digital Asset Custody – What It Is and How to Comply
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02-02-23

NYDFS Guidance on Digital Asset Custody – What It Is and How to Comply

On January 23, 2023, the New York Department of Financial Services (NYDFS) issued new guidance on regulated entities which custody digital assets, registered either under its BitLicense regime or as limited purpose trust companies. The guidance is intended to offer clarity in regard to NYDFS’s expectations for regulated entities—their custody procedures, processes, practices, and controls over customer digital assets. Bates has the details in this new article from Senior Consultant John Ashley, CIPP/US, CCRS, CRCMP.

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FINRA 2023 Exam and Risk Monitoring Report with Bates Chart and Summary – Prioritizing the Priorities
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01-24-23

FINRA 2023 Exam and Risk Monitoring Report with Bates Chart and Summary – Prioritizing the Priorities

Issued on January 10, 2023, the comprehensive report from FINRA’s regulatory operations covers 24 topics addressing issues that "remain perennially important, with updates to reflect evolving risks, industry trends and findings from FINRA’s recent oversight activities." In this article, Bates summarizes FINRA’s continuing and emerging examination priorities. Our annual chart offers insight into how newly observed risks have added to and affected those priorities year over year.

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New Cryptoasset Certification from ACAMS and Bates Group

01-24-23

New Cryptoasset Certification from ACAMS and Bates Group

Bates Group consultants Brandi Reynolds and John Ashley have combined their expertise with other AML, cryptoasset and law enforcement professionals to create an innovative new certification for financial crimes in the crypto space -- the “Certified Cryptoasset AFC Specialist" (CCAS) Certification from ACAMS.

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Human Trafficking Prevention Month - January 2023
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01-18-23

Human Trafficking Prevention Month - January 2023

January is National Human Trafficking Prevention Month. Financial institutions play a critical role in helping to fight human smuggling and human trafficking by identifying suspicious behavior and sharing crucial intelligence with law enforcement officials.

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New York Sets Guidance for Approval of Virtual Currency Activities
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01-13-23

New York Sets Guidance for Approval of Virtual Currency Activities

All New York banking organizations—and all New York licensed branches and agencies of foreign banking organizations—must get approval from the New York State Department of Financial Services prior to engaging in virtual currency-related activity. The NYDFS clarified its expectations on that requirement in an industry guidance letter dated December 15, 2022. Bates has the details in a new article.

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What Banks Should Consider When Accepting Crypto Customers
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01-11-23

What Banks Should Consider When Accepting Crypto Customers

Banks are quickly realizing that it’s time to embrace crypto customers. With the rise of digital banking, more people are choosing to store their funds in cryptocurrencies, and banks need to be able to accept these customers as part of their services. Here, we look at the important considerations that banks should make as they begin to accept cryptocurrency customers. 

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FINRA Publishes 2023 Report on Exam and Risk Monitoring Program

01-10-23

FINRA Publishes 2023 Report on Exam and Risk Monitoring Program

FINRA has announced the publication of the 2023 Report on FINRA's Examination and Risk Monitoring Program. The comprehensive report from FINRA’s regulatory operations covers 24 topics relevant to the evolving securities industry. Additionally, the report introduces a new Financial Crimes section highlighting FINRA’s increased focus on protecting investors and safeguarding market integrity against these ongoing threats. Stay tuned for our annual commentary, coming soon, on FINRA’s 2023 objectives and how they may impact your legal, regulatory and compliance matters.

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Are You Doing Enough to Supervise Your Options Accounts?
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01-04-23

Are You Doing Enough to Supervise Your Options Accounts?

Beginning in August 2021, FINRA examined firms to assess the sufficiency of their practices and controls over options accounts. FINRA just issued an update based on the results, including new guidance on what they want you to consider in order to enhance your supervision and revise your compliance programs.

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SEC to IAs: Take ESG Compliance Very Seriously
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12-13-22

SEC to IAs: Take ESG Compliance Very Seriously

The SEC recently held a National Seminar on compliance for investment advisers and investment company senior officers. Of the many important panels at the day-long seminar, one was devoted to the SEC’s expectations on investment adviser compliance with ESG requirements. A week later, on November 22, 2022, the regulator announced a $4 million settlement with a large investment adviser for ESG-related compliance failures. Read our new article with takeaways from the seminar, which covered SEC exam concerns, an ESG disclosure proposal update, recent enforcement activity, and a CCO’s advice on ESG compliance.

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