November 23, 2018
Compliance Officer for Fintech
The applicable regulation to financial technology institutions set forth the obligation to appoint a compliance officer.
Rules issued by the National Banking and Securities Commission (“CNBV“) require fintech companies to appoint a compliance officer to establish procedures to prevent money laundering and the financing of terrorism. This compliance officer must be an employee of the fintech company and must be certified by the CNBV. This certification must be renewed every 5 years.
The compliance officer is also responsible for preparing a compliance manual containing the “know your customer” policies, and procedures prevent money laundering and financing of terrorism. Fintech companies must submit said manual with the CNBV.
The compliance officer must comply with the following requirements:
- Hold a position within the three immediate hierarchies inferior to the chief executive officer of the company.
- Be independent of the company’s sales team or any other division responsible for managing or promoting the company’s products.
- Not have any internal audit responsibilities within the company.
- The certification of the CNBV.
The purpose of this new requirement is to strength the regulatory framework that prevents money laundering and the financing of terrorism, anticipating fintech companies from serving as mean to carry out operations with illicit resources.