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Charting Course: Building a Cannabis Banking Compliance Program

8/29/2024

 
With the growing legalization of cannabis across the U.S., the industry is booming. However, one major challenge that cannabis businesses face is banking compliance. Due to the federal illegality of cannabis, many banks are hesitant to work with cannabis businesses, making it difficult for these companies to operate smoothly.  

To navigate the complex world of cannabis banking compliance, businesses must develop a strong compliance program. Here are some steps to help guide you in building a successful cannabis banking compliance program: 

Understand Federal vs. State Regulations 

It's important to understand the difference between federal and state regulations when it comes to cannabis. While many states have legalized cannabis for medical or recreational use, it is still illegal at the federal level. This means that banks must adhere to federal regulations, such as the Bank Secrecy Act and anti-money laundering laws, when working with cannabis businesses.  

Conduct a Risk Assessment 

Before building a compliance program, businesses should conduct a thorough risk assessment to identify potential compliance risks. This includes assessing the risk of money laundering, financial crime, and regulatory violations. By understanding these risks, businesses can develop appropriate controls to mitigate them. 

Develop Written Policies and Procedures 

Clear and comprehensive written policies and procedures are essential for a strong compliance program. These should outline the company's compliance obligations, reporting requirements, and internal controls. By having these policies in place, businesses can ensure that all employees understand their responsibilities and adhere to compliance standards. 

Implement Training Programs 

Training employees on compliance requirements is crucial for the success of a compliance program. All staff members should be educated on anti-money laundering laws, regulatory requirements, and the company's policies and procedures. This will help ensure that all employees are aware of their compliance responsibilities and can identify and report suspicious activity. 

Conduct Regular Monitoring and Audits 

Regular monitoring and audits are essential for assessing the effectiveness of a compliance program. Businesses should conduct internal audits, risk assessments, and compliance reviews to identify any weaknesses or areas for improvement. By regularly monitoring compliance activities, businesses can proactively address any issues before they escalate. 

Stay Informed on Regulatory Changes 

Given the evolving nature of cannabis regulations, businesses must stay informed on any changes to federal or state laws. This includes monitoring regulatory updates, industry news, and legal developments that may impact compliance requirements. By staying informed, businesses can adapt their compliance programs to meet changing regulatory standards. 

​In conclusion, building a cannabis banking compliance program is essential for navigating the complexities of the cannabis industry. By following these steps and investing in a strong compliance program, businesses can mitigate risks, ensure regulatory compliance, and build a solid foundation for success in the cannabis industry. 

​IPA Compliance Boot Camp: The IPA's Compliance Boot Camp in Chicago offers a unique opportunity to deep-dive into the latest regulations and trends. From hot topics like Open Banking and Earned Wage Access to the legal implications of AI and serving cannabis businesses, this one-day event is packed with insightful sessions led by industry experts. Don't miss this chance to gain the knowledge you need to thrive in today's dynamic market.
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AI Gets Scrutinized: Understanding Upcoming Regulations in FinTech

8/15/2024

 
Artificial Intelligence (AI) has been making waves in the financial technology (FinTech) industry, revolutionizing the way financial institutions operate and provide services to customers. However, the rapid advancement of AI technology has also raised concerns about data privacy, security, and potential bias in decision-making processes. As a result, regulators are now taking a closer look at how AI is being used in FinTech and are working to establish guidelines and regulations to ensure that AI is being used responsibly and ethically. 

One of the key issues that regulators are focusing on is the transparency and explainability of AI algorithms. In the past, AI algorithms have been criticized for being black boxes, meaning that it is difficult to understand how they arrive at their decisions. This lack of transparency can lead to potential bias or discrimination in decision-making processes, especially when it comes to issues like lending or insurance. 

To address this concern, regulators are working to establish guidelines that require financial institutions to be able to explain how their AI algorithms work and how they arrive at their decisions. This will not only help to ensure that AI is being used responsibly, but it will also allow customers to have a better understanding of why certain decisions are being made. 

In addition to transparency and explainability, regulators are also looking at how to ensure that AI algorithms are fair and unbiased. There have been instances where AI algorithms have been found to exhibit bias, either due to the data that was used to train them or the way they were programmed. This can lead to discrimination against certain groups of people, which is a major concern for regulators. 

To address this issue, regulators are considering implementing guidelines that require financial institutions to regularly monitor and audit their AI algorithms for bias and discrimination. This will help to ensure that AI is being used in a fair and ethical manner, and that any potential biases are identified and addressed before they can cause harm. 

Overall, the upcoming regulations in FinTech aim to strike a balance between fostering innovation and ensuring that AI is being used responsibly and ethically. By establishing guidelines for transparency, explainability, and fairness, regulators hope to create a framework that allows for the continued advancement of AI technology in the financial industry while also protecting consumers and promoting trust in the system. 

​IPA Compliance Boot Camp: The IPA's Compliance Boot Camp in Chicago offers a unique opportunity to deep-dive into the latest regulations and trends. From hot topics like Open Banking and Earned Wage Access to the legal implications of AI and serving cannabis businesses, this one-day event is packed with insightful sessions led by industry experts. Don't miss this chance to gain the knowledge you need to thrive in today's dynamic market.
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Ben Jackson is the Chief Operating Officer of the Innovative Payments Association, a leading trade association representing companies in payments. With over two decades of industry experience, Ben is dedicated to providing valuable information, advocacy, and support to help members improve financial outcomes for consumers, businesses, and government agencies. Connect on LinkedIn

When the Going Get Tough, the Tough Spend Money

8/10/2024

 
If your LinkedIn feed is anything like mine, you’ve seen an uptick in people looking for jobs and companies announcing cuts.

These are likely reactions to uncertainties in the economy and the political landscape. The problem is that they are the wrong reaction.

My thinking on this is informed by my time at the Graduate School of Banking at the University of Wisconsin, Madison. I was invited to attend when I was a reporter for American Banker. (The industry wanted to make sure that the reporting covering it had some knowledge of how things worked.)

One of the professors castigated the students for having the instinct to cut every time there was a problem or downturn. As he put it, companies might save some money by making cuts, but they don’t earn returns. Companies earn returns by investing.

We can see the results of not investing in the payments industry when we read the consent orders that have been filed against issuing banks. They failed to invest in adequate and qualified staff to manage partners and programs. They failed to invest in adequate systems to manage risks, identify customers, or even maintain ledgers. They failed to invest in proper oversight of their partners.

Banks that want to be in the innovation business are going to need to think of themselves as investors in the fintech sector. The difference is that the investments they make will not be monetary investments in third party companies. Instead, the dollars will need to be spent on themselves for technology, for additional people, and for training the people they have.

Two challenges will face the institutions that do this.

First, they will need to develop a strategy that justifies a longer time horizon for return on investment. In a world dominated by quarterly earnings calls, this can be tough. But having a larger goal can help directors and investors follow the money.
​
Second, they will need to get comfortable not following crowd and cutting when times are tight. It can be difficult to take a different path than colleagues and competitors. But innovation comes from finding opportunity where others see problems.

EWA and Compliance: Ensuring Growth Alongside Responsible Practices

8/5/2024

 
Earned Wage Access (EWA) is becoming more and more popular among employees and employers alike to provide financial flexibility and stability. EWA allows employees to access a portion of their earned wages before payday, helping them to cover unexpected expenses or bridge financial gaps without relying on high-interest payday loans or credit cards. 

While EWA can provide significant benefits to employees, it is essential for employers to ensure that they are implementing these programs in a compliant and responsible manner. Compliance with federal and state laws is crucial to protect both employees and employers from potential legal issues.  

One important aspect of compliance with EWA programs is ensuring that employees are informed about the terms and conditions of the program. Employers should clearly communicate how EWA works, including any fees or charges associated with accessing their wages early. Transparency is key to building trust and ensuring that employees understand their rights and responsibilities. 

In addition to transparency, employers must also ensure that their EWA programs comply with all relevant labor laws and regulations. This includes ensuring that employees are not being charged excessive fees for accessing their wages early and that the program does not violate any wage and hour laws. Employers should work closely with legal counsel to review their EWA programs and ensure that they are in compliance with all applicable laws. 

Furthermore, employers should also consider the potential impact of EWA programs on employees' overall financial well-being. While EWA can provide short-term financial relief, it is not a long-term solution to financial instability. Employers should encourage employees to use EWA responsibly and provide resources for financial education and counseling to help employees improve their financial literacy and management skills. 
​

By ensuring compliance with laws and regulations, promoting transparency and responsible practices, and providing support for employees' financial well-being, employers can ensure that their EWA programs are a positive and valuable addition to their benefits offerings. Earned Wage Access can be a powerful tool for improving employee satisfaction and retention, but it is essential to implement these programs in a way that prioritizes compliance and responsible practices. ​

IPA Compliance Boot Camp: The IPA's Compliance Boot Camp in Chicago offers a unique opportunity to deep-dive into the latest regulations and trends. From hot topics like Open Banking and Earned Wage Access to the legal implications of AI and serving cannabis businesses, this one-day event is packed with insightful sessions led by industry experts. Don't miss this chance to gain the knowledge you need to thrive in today's dynamic market.
Sign Up Today

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