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Compliance Sample Questions – Final Exam (1).docx
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12. What are areas of confidentiality? What is the function of them?

Areas of confidentiality - areas within a company where persons have access to inside information either regularly or on an ad hoc basis.

Implementation of areas of confidentiality must be in accordance with the size of the bank and the type, scope and complexity of its operations. It can be permanent or temporary (project-based). Information have to be documented in WRITTEN form

Function:

Permanently effective organizational and administrative arrangements are needed to avoid conflicts of interest and hence to avoid damage of the interest of customers.

Example: Managing Director of a traded company is a securities customer of a bank. Information by him to the account manager of the bank must not be shared with any other employee of the bank

=> Insider information

13. What is understood by compliance relevant information?

  • Inside information:

- It has to be of a precise nature and has not been made public;

- It must relate, directly or indirectly, to one or more issuers or to one or more financial instruments;

- It must be capable of having a significant effect on the price of a security were it to be published; - It has to be of such nature that an informed investor would probably make use of it, partly basing his investment decisions on it. The "public" in this case denotes the section of the public that is interested in stock market trading.

  • Other CO-relevant information: Price-Sensitive information (company data) Publication of information is capable to affect the price of the financial instrument

14. What is understood by insider trading and/or market manipulation?

  • Insider trading:

- Making use of inside information;

- with the intention of gaining a pecuniary advantage for oneself or for a third party;

- This also applies to secondary insiders: Persons who are not insiders themselves but knowingly exploit inside information which has been communicated to them or has otherwise been made known to them.

  • Market manipulation:

• Transactions or orders that - send or could send wrong or misleading signals - Influence the price in such a way that an abnormal or artificial level is achieved

- Increase demand => increase price

- False information on the true financial status - Pretence of false facts

- False/misleading information

- Etc

15. Explain the Watch List and the Restricted List!

The watch-list and restricted list are instruments for reportable information or operations, which include all Compliance Office relevant information (immediately and exclusively), Large-scale orders and front running and suspicion of insider trading.

The watch-list is constantly updated and the decision about included financial instruments is made by the compliance office. The list is confidential, purely internal and not accessible to the public. It is used to monitor financial instruments (e.g. of listed companies that are clients). If a financial instrument is on the watch-list, there are NO restrictions on trading or consulting. Employee transactions are generally permitted but can be cancelled ex post. A removal from the watch-list is only permitted if the compliance-relevant information has been accessible to the public or has been proven to be irrelevant. A transfer to the restricted list is possible.

The restricted list serves as protection against insider transactions and giving bad advice. The list is strictly confidential and can be company-wide or selective for defined organizational units or persons. A removal from the list is only possible if the compliance-relevant information has been accessible to the public or has been proven to be irrelevant. Employee transactions are not permitted if employees have been informed and consulting or recommendations are also not allowed. The list is constantly updated and monitored by the compliance office.

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