12 June 2024

How CFPB's Nonbank Regulations Affect Hiring

New Reporting Requirements for Nonbank Financial Entities

The Consumer Financial Protection Bureau (CFPB) passed a new rule requiring nonbank financial companies to register consumer protection orders filed against them by other federal agencies, courts, or states.

Nonbank firms subject to these orders must register with the CFPB, supplying comprehensive details about the orders and maintaining up-to-date information in a public registry. This initiative will enable the CFPB to monitor compliance more effectively and mitigate consumer risks.

MBK Search breaks down the new rule and looks at what it means from a hiring point of view.

Increased Accountability through Annual Compliance Reports

Under the new regulation, nonbank firms supervised by the CFPB are required to submit annual compliance reports. These reports must identify executives responsible for overseeing adherence to the orders and include a detailed statement about the entity’s compliance efforts. This move is designed to ensure accountability at the highest levels of these organizations, compelling them to maintain rigorous compliance protocols. Such measures are expected to reduce repeated violations and enhance the overall integrity of the financial services market.

Implications for Internal Auditors and Compliance Professionals

The rule introduces significant implications for internal auditors and compliance professionals within nonbank financial entities. With the requirement for detailed annual compliance reports and establishing a public registry, these roles will be pivotal in ensuring their organizations remain compliant with the CFPB’s mandates. Compliance professionals must implement robust monitoring systems, while internal auditors must rigorously review these systems and reports to avoid potential penalties. The heightened scrutiny and transparency are poised to elevate the importance of these roles in maintaining organizational compliance and consumer trust.

Growing Demand for Compliance and Risk Management Professionals

As nonbank financial entities adapt to these new regulatory requirements, the demand for compliance and risk management professionals is set to surge. The CFPB’s rule requires meticulous record-keeping, periodic updates, and thorough internal audits, driving the need for skilled professionals to manage these tasks efficiently. Creating a public registry and the requirement for executive oversight further underscore the necessity for expertise in compliance strategies and risk mitigation.

Firms will seek out individuals who can ensure compliance and contribute to developing comprehensive risk management frameworks to safeguard against future regulatory breaches, presenting a promising career path for professionals in this field.

Hypothetical Case Study: GreenWave Capital Management

What do nonbank entities need to do to demonstrate compliance? Let’s look at a hypothetical scenario:

GreenWave Capital Management is a private investment company specializing in sustainable and green investments. It manages several hedge funds and provides asset management services to a diverse client base, including individual investors, institutional investors, and pension funds.

Recently, GreenWave Capital was subject to a public order issued by a state regulatory authority for violating consumer protection laws related to the transparency of its fee structures and misleading marketing practices.

Obligations Under the New CFPB Regulations:

Registration with the CFPB:

GreenWave Capital must register with the CFPB upon becoming subject to the public order. This involves submitting identifying information about the company and the specific details of the order, including a copy of the order.

Providing Detailed Information:

The company must provide comprehensive details about the order, such as the nature of the violations, the terms of the order, and any remedial actions to be taken. They must also periodically update this information to ensure its accuracy.

Annual Compliance Reports:

GreenWave Capital is required to file an annual report with the CFPB. This report must identify the executive responsible for compliance and include a written statement detailing the company’s efforts to comply with the terms of the public order.

Steps to Demonstrate compliance:

Initial Registration:

Within 30 days of the public order issuance, GreenWave Capital must complete their registration with the CFPB, submitting all required information and a copy of the order.

Establishing Compliance Protocols:

The company must develop and implement robust compliance protocols to address the violations outlined in the order. This might include revising their fee disclosure practices, enhancing marketing transparency, and providing additional training to their staff.

Internal Audits and Reviews:

Regular internal audits should be conducted to ensure the new compliance protocols are followed. These audits should be documented, and findings should be used to make further improvements as necessary.

Annual Report Submission:

Prepare and submit the annual compliance report to the CFPB, which includes:

  •     The name and title of the responsible executive.
  •     A detailed account of compliance activities undertaken throughout the year.
  •     An attestation by the responsible executive confirming the company’s adherence to the order.

Timeline for Demonstrating Compliance:

  • Effective Date of the Rule: September 16, 2024.
  • Initial Registration Deadline: Within 30 days of the order issuance (assuming the order was issued after the effective date).
  • Annual Compliance Report: Due annually by the anniversary of the order issuance.

Key Roles and Hiring Needs:

  1. Chief Compliance Officer (CCO):
    • Responsibilities: Oversee all compliance activities, ensure adherence to the public order, develop and implement compliance protocols, and prepare the annual compliance report.
    • Rationale: A dedicated CCO would provide strategic oversight and ensure compliance becomes integral to GreenWave’s operations.
  2. Compliance Analysts:
    • Responsibilities: Monitor compliance with regulations, conduct internal audits, review marketing materials and fee disclosures, and maintain documentation.
    • Rationale: These professionals would handle the day-to-day compliance tasks, ensuring continuous adherence to regulatory requirements.
  3. Internal Auditors:
    • Responsibilities: Perform regular audits of compliance practices, identify improvement areas, and ensure compliance protocols’ effectiveness.
    • Rationale: Internal auditors would help identify compliance gaps and ensure that GreenWave’s practices are robust and effective.
  4. Legal Advisors:
    • Responsibilities: Provide legal advice on compliance matters, review changes in regulatory requirements, and assist in preparing compliance reports.
    • Rationale: Legal advisors would ensure that all compliance actions are legally sound and help navigate complex regulatory landscapes.
  5. Training and Development Specialists:
    • Responsibilities: Develop and deliver employee training programs on compliance protocols and regulatory requirements.
    • Rationale: It is crucial to ensure that all staff are knowledgeable about compliance requirements, and training specialists would play a key role in this education.
  6. IT and Data Security Specialists:
    • Responsibilities: Implement and maintain systems for monitoring compliance, ensuring data security, and supporting compliance reporting.
    • Rationale: Strong IT support is necessary to manage the data and systems required for compliance monitoring and reporting.

We know our clients don’t have the luxury of hiring incorrectly. We understand the stakes and commit to providing a market-leading solution.

We work with you to identify and solve your organization’s unique challenges.

You’ll benefit from our experienced team’s dedicated support and in-depth expertise in your field and gain access to a pool of highly qualified candidates ready to positively impact your business.

Let’s start building – speak to MBK Search today about your next hire.

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