Role Description
Department
Legal, Compliance & Internal Audit
Proposed Job Title
Senior Compliance Officer
Job Summary
The Senior Compliance Officer is required to monitor and report on the ongoing compliance of the firm and its portfolios with the legal and regulatory environment. Key legal functions are to ensure that the interests of the company and its clients’ are protected in respect of contractual arrangements. Company secretarial functions will be performed in respect of applicable companies within the group, and the candidate will be expected to set the appropriate deadlines and ensure that all deadlines in respect of Board meetings and statutory and tax filing have been adhered to.
Job Description
· Must at all times be fully conversant with applicable legislation, regulations, notices directives and rules, including:
· Collective Investment Schemes Control Act.
· Financial Advisory and Intermediary Services Act.
· Companies Act
· Financial Intelligence Centre Act
· Pension Funds Act
· Long Term Insurance Act
· Financial Markets Act
· Protection of Personal Information Act
· Electronic Communications and Transactions Act
· ASISA Standards and Codes.
· King Code of Corporate Governance
· Code for Responsible Investing in South Africa
· Principles of Responsible Investment
· Cadbury Report (UK)
· Ensure that all the regulatory and other internal or external reporting requirements applicable to the relevant companies have been adhered to.
· Develop and review the Compliance Manual of the firm to ensure that it comprehensively covers all the operational aspects to ensure that the firm is not exposed to any form of legal risk, encompassing:
· Legislative Requirements
· Firm Specific Policies
· Client Specific requirements
a) Prevent any violations of rules, regulations, policies and procedures with a view towards immediate resolutions and ensure control environment and detailed procedures manuals are adhered to at all times.
b) Compliance and risk management in respect of the Collective Investment Scheme / Mutual Funds (CIS), Real Estate Investment Trusts (REIT), listed and unlisted properties both locally and globally, and Long Term Insurance legislation.
· Ensure that comprehensive risk management processes are in place, in consultation with the Manager: Legal and Compliance and Senior Management to address business, administrative, legal risks.
· Develop and implement systems for daily, weekly, monthly, quarterly and annual Compliance Checks and test the applicability and validity of these checks on a regular basis to ensure that it is aligned with developments in governing legislation as well as with client specific request.
· Planning, supervision and review of all compliance investigations.
· Preparing daily, weekly and monthly compliance reports.
· Preparation and assistance with all action to be taken on site to maintain compliance.
· Performing daily, weekly and monthly compliance analysis and reporting findings to Management;
· Continuous analysis of internal controls and company policy and procedures and reporting weakness detected
· Assist with drafting of company policy and procedures for the compliance department
· Utilise risk-based monitoring programme to ensure compliance with all the legal relevant rules, regulations, through the application continuous checks and monitoring.
· Review and improve upon procedure manuals on a bi-annual basis in consultation with the Manager: Legal and Compliance, in respect of companies you have been allocated responsibility for.
· Comply with Anti Money Laundering: “Know your Customer’ requirements and documentation in respect of various types of clients dependent upon the relevant jurisdiction of the operating entity, and includes: Criminal Justice Act (Ireland), FICA Act (South Africa), FATCA, UN Security Council guidance notes, and any other applicable legislation or regulations (both in South Africa and globally).
· Ensure that investment and investment administration processes have been duly followed, and client requests have been responded to.
· Ensure that the key individual and representative register in the various jurisdictions is maintained.
· Evaluate the integrity of static data and perform periodic reviews of material transactions such as distributions on a monthly and quarterly basis.
· Ensure investment mandate compliance on a daily basis through the use of the relevant compliance systems.
· The candidate is expected to readily understand all the compliance systems and become proficient therein and is expected to work on the system on a daily basis.
· Ensuring that the marketing material including the website, have the required statutory disclosures and disclaimers.
· Ensure ongoing compliance with the relevant laws, regulations, investment mandates, investment restrictions and benchmarks applicable to the various portfolios.
· Ensures that all the reporting requirements as envisaged in each particular jurisdiction are adhered to.
· Ability to interact with the various departments encompassing, Investments, Administration, Finance and internal audit.
· Review error logs and ensure the relevant matters have been recorded and the errors correctly rectified, and a file record maintained of the error for future reference.
· Review the breaches / incident register and identify advertent and inadvertent breaches, and ensure that it has been reported to the relevant parties based on company procedure, and having done so after proper investigation and management review.
· Review the training register to check whether comprehensive training programs have been implemented, and whether all the relevant personnel have been trained.
Reporting Structure
· Reports to Manager Legal and Governance.
· Responsible for compliance officers
Qualification Requirement
· Minimum B.Com with LLB Degrees.
· Admitted attorney of the High Court of South Africa
Minimum Experience in years & Skills
· Articles from a large reputable law firm.
· Consistent and outstanding academic track record.
· 1-2 years post articles experience specializing in financial services law.
· 2 years professional experience.
· Experience in commercial, contract financial services law and tax.
· Understanding corporate governance and knowledge of global best practice / trends within the regulatory, compliance and governance framework.
· Background in financial services regulation / law with knowledge of the South African and Global regulatory landscape including risk management would be beneficial.
Competencies (Attribute & proficiencies, soft-skills)
· Excellent Written and Verbal Communication Skills.
· Strong leadership ability.
· Dynamic and enthusiastic.
· Detail Oriented and Pro-Active.
· Team player.
· Extremely motivated and resourceful.
· Logical and methodical.
· Ability to follow rules, policies and procedures.
· Strong problem solving ability.
· Good organisational skills.
· Ability to complete tasks independently with strong attention to detail.
Paterson Grade
D2
Remuneration:
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