Financial Regulation and Compliance

Financial Regulation and Compliance
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Financial Regulation and Compliance

How to Manage Competing and Overlapping Regulatory Oversight

H. DAVID KOTZ


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Copyright © 2015 H. David Kotz. All rights reserved.

Published by John Wiley & Sons, Inc., Hoboken, New Jersey.

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Library of Congress Cataloging-in-Publication Data

Kotz, H. David, author.

Financial regulation and compliance: how to manage competing and overlapping regulatory oversight /H. David Kotz.

pages cm. – (The wiley finance series)

Includes index.

ISBN 978-1-118-97221-2 (hardback)

1. Financial institutions–Law and legislation–United States. I. Title.

KF974.K68 2015

346.73′08–dc23

2015017704

ISBN 978-1-118-97221-2 (hbk)

ISBN 978-1-118-97223-6 (ebk)

ISBN 978-1-118-97222-9 (ebk)

ISBN 978-1-118-97224-3 (ebk)

Cover Design: Wiley

Cover Images: Top image ©iStock.com/scyther5; Bottom image ©iStock.com/jwohlfeil

To my wife, Debbie, and my three children, Shira, Joshua and Ruven, who inspire and support me on a daily basis, and who mean everything to me

Foreword

Few topics in finance are more confusing to outsiders than regulation. There are many among us who understand financial valuation and even the technical intricacies of the esoteric contingent claims analysis, copula functions, and risk mapping algorithms. But the supervision and regulation of banks, much less securities firms, tend to make the eyes of most financial analysts glaze over.

Yet the compliance function is one of the most important, and valuable, functions in any financial institution. Compliance is more than just records retention. As recent crisis-era litigation has shown, managing compliance properly can help reduce vast legal costs later. While we may not want to admit it, compliance creates value.

The problem is that not many people – whether they be financial practitioners, policymakers, or sometimes even compliance professionals – really understand compliance. Part of the problem is the unique path dependence that has created a fractured supervisory structure with some delineations by institution and some by function, creating considerable regulatory overlap. Even understanding who is responsible for what, in any real sense, after accounting for “primary” supervisory responsibility, can be massively confusing.



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