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How improved recordkeeping systems help ensure buy-side adherence to SEC rules

April 15, 2024
2 Min Reads

The financial services sector, especially the buy-side market, is under increased scrutiny for its recordkeeping methods, as the SEC's actions over the past few years have made increasingly clear.

The SEC's legal actions against Senvest Management LLC, according to Theta Lake, are a recent example that highlight a major shift towards stronger enforcement of compliance standards. These proceedings underscore the need of establishing appropriate communication channels within investment advisers in addition to highlighting the difficulties in conforming to recordkeeping standards.

 

This change highlights the necessity for buy-side participants to have advanced, efficient recordkeeping systems and shows that the SEC is expanding its regulatory purview to encompass them.

 

The federal securities rules pertaining to recordkeeping, particularly in the administration of electronic communications, were violated by Senvest Management, which gave rise to the lawsuit against the company. It was discovered that workers at different organizational levels often used unauthorized internet channels for business-related conversations, directly violating internal company policies.

 

Due to the fact that most of these interactions were not adequately recorded or maintained, there was a serious breach of compliance, putting the integrity and openness of the market—two things that are essential to the rules that the US government enforces—at serious danger.

 

Senvest's failures have wide-ranging consequences that draw attention to serious weaknesses in the industry's compliance systems. A clear reminder of the regulatory obligations facing today's buy-side firms comes from the firm's failure to comply with the Advisers Act's mandates, notably those pertaining to the preservation of communications regarding securities advice and transactions. This example highlights how urgently these companies need to review and improve their recordkeeping and communication monitoring procedures.

 

In order for buy-side companies to effectively navigate this dynamic regulatory landscape, it is imperative that they collaborate with a skilled third-party vendor. By offering cutting-edge technical solutions that not only expedite compliance processes but also enhance the preservation and security of communication data across many platforms, these suppliers provide a strategic advantage.

 

These partnerships can also result in insightful business outcomes that improve the operational and compliance efficacy of the companies.

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