The Compliance Revolution

The Compliance Revolution
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The Wiley Finance series contains books written specifically for finance and investment professionals as well as sophisticated individual investors and their financial advisors. Book topics range from portfolio management to e-commerce, risk management, financial engineering, valuation, and financial instrument analysis, as well as much more. For a list of available titles, visit our Web site at www.WileyFinance.com.

Founded in 1807, John Wiley & Sons is the oldest independent publishing company in the United States. With offices in North America, Europe, Australia, and Asia, Wiley is globally committed to developing and marketing print and electronic products and services for our customers' professional and personal knowledge and understanding.

The Compliance Revolution

How Compliance Needs to Change to Survive

DAVID JACKMAN


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Copyright © 2015 by John Wiley & Sons Singapore Pte. Ltd.

Published by John Wiley & Sons Singapore Pte. Ltd.

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Limit of Liability/Disclaimer of Warranty: While the publisher and author have used their best efforts in preparing this book, they make no representations or warranties with respect to the accuracy or completeness of the contents of this book and specifically disclaim any implied warranties of merchantability or fitness for a particular purpose. No warranty may be created or extended by sales representatives or written sales materials. The advice and strategies contained herein may not be suitable for your situation. You should consult with a professional where appropriate. Neither the publisher nor the author shall be liable for any damages arising herefrom.

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Library of Congress Cataloging-in-Publication Data is available

ISBN 9781119020592 (Hardcover)

ISBN 9781119020608 (ePDF)

ISBN 9781119020615 (ePub)

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To my family

Preface

This book is about maturity —corporate maturity– how businesses grow up and become more reasoned and responsible, and also more effective and better performing. It is also about the maturing of compliance into a profession, a critical function that sits at the interface between business and wider society. The quest is relevant to all forms of business and to many functions and the models presented here have general applicability.

What maturity is and how to grow is subtle and complex. We contend that however you define or try to create maturity, it is recognizable to customers, employees, and investors – and to regulators, who are increasingly concerned with corporate culture, integrity, governance, and conduct risk.

We use as our example financial services, a sector whose responsibility has been much challenged of late and where regulatory approaches and compliance practices are changing apace. Financial services also impacts many other areas of business that are dependent on its role while, as we have seen since the 2008 global financial crisis, its influence spreads out into the wider economy of Main Street and influences the opportunities and prosperity of many across our communities. Compliance has a key position, mediating between the powerful drivers in a highly competitive, complex, and internationalizing industry and the needs of the encircling realm of its multiple stakeholders. We will consider how compliance can use its pivotal role in strategically directing companies towards a more mature and responsible culture. In doing so, the function also transforms itself and demonstrates considerable value.

The rate of change in regulation and compliance has hastened in recent years, partly reflecting the rapid development within the financial services industry and partly because of an internal momentum within regulation that seeks new methodologies and procedures in pursuit of the long-term goal of greater effectiveness and efficiency. This internal momentum generates layer-upon-layer of regulatory reform and consequent compliance evolution, but the processes underlying change have reached such a pitch that recent stages can only be described as requiring a “compliance revolution.” This revolution is just starting, and the most significant steps are still to come.



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