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Effective Pushback Getting a Regulator to see Reason Without Triggering WWIII. Presented by Stephanie A. McManus LL. B. Compliance Support Services June 2, 2011. Share the tools. Meet Cody . Share the tools. What’s Required . 1. Understanding Perspective 2. Keep the Goal in Mind

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Effective pushback getting a regulator to see reason without triggering wwiii l.jpg

Effective Pushback Getting a Regulator to see ReasonWithout Triggering WWIII

Presented by Stephanie A. McManus LL. B.

Compliance Support Services

June 2, 2011

Share the tools


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Meet Cody

Share the tools


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What’s Required

1. Understanding Perspective

2. Keep the Goal in Mind

3. Establishing Trust and Rapport

4. Patience

5. Resolution and Follow-up

Share the tools


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Understanding Perspective

1. Horses are prey animals, motivated by fear of being eaten by a predator.

2. Regulators are protectors of the public and motivated to fulfill that mandate in a visible way. So they have two fears:

  • The public will be harmed by your actions or inactions;

  • The Regulator will be held accountable for not having prevented the harm.

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Understanding Perspective

1. Horses are herd animals and will only relax and feel safe when they have a strong and competent leader.

2. Regulators are public servants. They will only feel they’ve kept the public safe and be able to relax when you’ve shown leadership and know what you’re doing in compliance.

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Understanding Perspective

Their perspective has nothing to do with you.

You need not take things personally – just get down to solving the compliance problem and getting back to your business.

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Understanding Perspective

  • Staff shortages

  • How happy your advisors are or how much money your firm made.

  • Cost of responding

  • Technical problems

  • ALL HAVE ONE THING IN COMMON....

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Understanding Perspective

THE REGULATORS DON’T CARE!

If anything, focus on these irrelevant matters will be a red flag to them that you haven’t got the infrastructure, resources or compliance culture needed to keep the public safe.

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Keep the Goal in Mind

“The object is to impose the handler's will without provoking an unmanageable confrontation with the horse.”

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Keep the Goal in Sight

What is an unmanageable confrontation with a regulator?

It’s when they pull out the full weight of their authority to force you to address the issue the way they want you to.

YOU CANNOT WIN, if it gets to that point.

So don’t let it get to that point.

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Keep the Goal in Mind

Answer their concerns:

Address the investor protection issue cleanly and decisively and ensure there’s no way this is going to come back and bite them.

And do it requiring the least amount of effort on their part possible. Solve their problem.

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Establish Trust and Rapport

Trust is the foundation for all good relationships.

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Establishing Trust and Rapport

  • Do not be defensive.

  • Listen to them, without interruption.

    3. Really understand their concern – top to bottom, back to front. (Hire someone to do this if you can’t see it).

    4. Speak to the senior person – just trying to do a job – and demonstrate that you understand the issue. Have a conversation.

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Establishing Trust and Rapport

Solve their problem with a process or solution that works in your setup.

  • Be very detailed.

  • Make reference to the rules or regulations.

  • Show you’ve read other cases or material that’s relevant to the issue.

  • Do the work now - it will save you work and time and money down the road.

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Patience

  • The Regulator does not understand your business like you do, so don’t expect them to.

  • Sometimes junior staff with very little understanding of your business will be assigned to work with you. You may spend more time educating them than fixing your problem. Too bad. That’s part of fixing the problem.

  • Remember that every hour you invest in resolving this problem is a deposit in your goodwill bank account with the regulator, available for future use.

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Resolution and Follow-up

  • Once you come up with the solution you think will:

    a) solve their problem

    b) work within your business

    …give the whole thing to them in a face to face meeting.

    Take the time. The bigger the issue, the more important it is to address it face to face and early.

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Resolution and Follow-up

  • Maintain the Relationship over time

  • Think of them as one of your main business contacts. They have the power to:

    Shut you Down now

    Snuff out Your Future in the business

    So Keep them top of Mind

  • If you make business changes, notify them. Not just on NRD but also, the regulatory staff person responsible for your file.

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Outcome

Stacey Westfall

Championship Ride

Questions?

www.compliancesupport.ca

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