Risk is unavoidable, but good risk management isn’t about eliminating risk entirely. It’s about understanding it and addressing it proactively. For investment advisers (IAs) and broker-dealers (BDs), the stakes are especially high. Regulatory scrutiny is intensifying, and firms that fail to stay ahead of their risk exposure face serious consequences.
Building a Risk Inventory: The Starting Point
Before diving into specific mitigation steps, firms need a clear picture of potential challenges. Creating a risk inventory starts with clearly identifying your regulatory requirements, actual and potential conflicts of interest, and existing compliance practices.
Once this is complete, the next task is to assign each risk area a severity level from high to low and use the risk level to prioritize where attention and resources are needed most. This structured inventory becomes the roadmap for everything that follows.
Here are five key steps every IA and BD should take to mitigate risk.
A risk assessment is the foundation of any strong compliance program. The goal is to analyze the identified risk areas and determine any gaps that should be addressed. Assessments should also align with current SEC focus areas including artificial intelligence, fiduciary duty and marketing practices to ensure the firm is prepared in the event of an examination. Risk assessments should be conducted annually due to constant changes in regulations, evolving SEC focus areas, and material changes to the business. This ensures the firm’s compliance program remains current.
Preparation is everything when it comes to SEC and FINRA examinations. Firms should have systems in place to support examination readiness, maintain robust Anti-Money Laundering (AML) programs, and keep Business Continuity Plans (BCPs) current and tested. Findings from past SEC and regulatory examinations should be factored into your ongoing risk evaluation so that previously flagged issues are fully remediated before the next review cycle.
Firms should develop policies and procedures and regularly update them to address risk areas and evolving regulatory requirements. Internal controls for privacy, cybersecurity, Code of Ethics, and Code of Conduct should all be documented and reviewed. Equally important is communicating those policies clearly to clients, employees, and regulators when necessary.
Firms should take the necessary steps to mitigate risk of litigation. Engaging experienced legal counsel proactively can help with this especially during advisor transitions and business formation or changes. Proactive counsel can help prevent disputes from occurring or escalating into litigation.
Strong corporate governance is instrumental to effective risk mitigation. This includes developing a strong supervisory control system, based on qualified professionals and subject matter experts that can oversee the business’ enterprise risks. Having up-to-date corporate records (such as Operating Agreements and Bylaws), Codes of Ethics, and strong supervisory protocols will help to further support these efforts.
Final Thoughts
Risk management is an ongoing process. By identifying risks inherent to your firm’s services and personnel, mitigating them through strong controls and communication, and monitoring them continuously, IAs and BDs can build resilient compliance programs that protect both their clients and their businesses.
For more information on risk mitigation, or questions on how to strengthen your efforts, please contact us at 619.298.2880 or email [email protected].
Jacko Law Group provides tailored legal services and effective strategies for success, delivering exemplary solutions to complex legal and regulatory challenges to ensure that both business efforts and compliance obligations are satisfied.
