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How to avoid being referred to JFSC Enforcement – and what to do if you are


With the Jersey Financial Services Commission (JFSC) taking – and wanting to be seen to be taking – an increasingly robust approach with regulated firms, it is only natural for firms to ask what they can do to avoid a referral to the JFSC s Enforcement division and, if they are referred, what steps they can take to manage the risk of formal sanction.
Avoiding a referral to Enforcement
On a positive note, there are a number of steps that firms can take now to minimise the prospects of a referral to Enforcement.
First, firms should review (and if necessary enhance) their compliance resource as a matter of priority. The JFSC has made clear (from its Compliance Monitoring guidance in 2013 through to its most recent public statements and civil penalties) that firms must have a compliance function that is adequately resourced. Importantly, this requires an assessment of both the quantity and quality of that resource. Further, firms must prepare and implement an effective ....

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