ARTICLE
24 June 2020

"Compliance Teams Need To Prepare For Virtual JFSC Examinations" Says Walkers Senior Counsel

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Walkers

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We are a leading international law and professional services firm providing legal, corporate and fiduciary services to global corporations, financial institutions, capital market participants and investment fund managers. With a global presence spanning the Americas, Europe, the Middle East and Asia, we advise on the laws of Bermuda, the British Virgin Islands, the Cayman Islands, Guernsey, Ireland and Jersey. With over sixty years of looking at the world through the same commercial lens as our clients means we deliver focused, clear, precise advice to get the deal done. Clients trust us to help them make good business decisions, create commercially sound products and strategies, resolve disputes and cement deals that are profitable. From offices across geographies, we deliver business-critical advice and service in the same time zones as our clients, covering asset management, investment funds, corporate, M&A, dispute resolution, finance, insurance, fintech, private capital and trusts, regulatory and more
Compliance teams need to start preparing for virtual examinations by video after the Jersey Financial Services Commission revealed details of their plans for continuing examinations...
Jersey Corporate/Commercial Law
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Compliance teams need to start preparing for virtual examinations by video after the Jersey Financial Services Commission revealed details of their plans for continuing examinations while the majority of financial services professionals are still working from home.

Rachel Amos, senior counsel in Walkers' Jersey Regulatory and Risk Advisory Group, says that the JFSC's plans show that financial services professionals - and compliance teams in particular - need to start preparing for examinations.

The regulatory is planning to undertake virtual examinations using Zoom, and that it will allow attendees from different locations to participate.

Rachel says that the news creates welcome clarity, but that there will still be some work for regulated businesses to do.

She said: "The JFSC's statement during a webinar last week that virtual examinations would be carried out by Zoom, and that attendees from different locations can participate, is a helpful one.

"There may be compliance officers in corporates with strict information security policies about preferred and excluded video-conferencing platforms that will need a corporate policy exemption in order to participate.

"Also, on a practical level, some teams will need training with Zoom to make sure that they are able to use all necessary features.

"Finally, the point about allowing attendees from different jurisdictions to participate should not be overlooked - where senior people are specifically asked to attend by the regulator, they should be made available."

Rachel is part of Walkers' global Regulatory and Risk Advisory Group - Walkers is the only law firm with a regulatory practice group covering Bermuda, BVI, Cayman, Guernsey, Jersey and Irish law.

She added that the importance of proper technical presentation should not be downplayed.

Rachel said: "We have already seen with the online courts in other jurisdictions what can go wrong. Also, where one regulator gains more traction in examinations others are bound to follow, so watch this space - it is likely that other regulators will adopt a similar approach, and with so many structures covering more than one offshore jurisdiction, it will be necessary to properly prepare both technically and substantively."

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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