News

FMA warns on AML

Tuesday 11th of June 2013

AML legislation kicks in at the end of this month and it is widely expected that the FMA will take less of a “hand-holding” approach to the second raft of regulation and expect full compliance quickly.

The FMA says it will be requesting audit reports from entities that are regarded as a high or medium risk. “We will set up a time for the first audit with entities in these sectors. FMA expects some audit reports to be available for the period 30 June 2013 to 31 December 2013, with subsequent audit reports to be prepared by the reporting entities two yearly or earlier, subject to FMA’s request.”

It will review risk assessments and compliance programmes.

The FMA says when non-compliance is detected, notices or warnings may be used. Further non-compliance could result in criminal or civil prosecution.

It says that it will use and intelligence and risk-based approach to monitoring and surveillance.

“As part of our risk-based approach, we will proactively monitor a range of reporting entities within our supervised sector. This allows us to identify any new risks and any compliance themes or areas of poor practice across the sector. It also helps FMA to identify a need for further guidance and ensure our expectations are practical.”

Comments (4)
Brent Weenink
I thought you didn't need to complete an independant audit for two years?
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11 years ago

Brent Weenink
That's right. So until requested its not due for another two years..... Why have they made a blanket request that everyone must have an audit from inception? Why indeed even require an audit of such a short time period. E.g., if we get an audit done on 2 July to comply with this latest guidance the auditable time period is only a day. What's the point?.
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11 years ago

gavin austin
Curious - any qualified person can do the audit as long as they did not provide recommendations for the actual "Risk Assessment" and AML Process you use. So if your accountants gave you advice on how to access the risks in your business and how to put the AML process in place then they can't do the Audit. The audit must be independent and there are a number of Regulatory Compliance Advisers out there. To name a few (no recommendation - you make you own choice): IDS (Barry Read), Strategi, Adviser Business Compliance (ABCompliance)and Allan Lloyd (PM Services). I have heard that costs may range from $400 to $800 depending on the type of Audit requested as there are two options. Travel costs will probably be on top of that so advisers should club together to get several AFAs in one city done together.
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11 years ago

gavin austin
Sounds like you would be well "qualified" Bernie. I spoke to the FMA about the term "Suitably qualified" and no mention was made about having any relevant qualification from any recognized Institution/Body. Their response was anyone who has a thorough understanding of the relevant regulations whatever that actually means . The published guidelines also state this quite clearly on pages 3 and 4 so your point of having ACANS quals as a starting point might be overdoing it a bit.
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11 years ago

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