Today, we offer our “Friday List,” an occasional feature summarizing a topic significant to investment management professionals interested in regulatory issues. Our Friday Lists are an expanded “Our Take” on a particular subject, offering our unique (and sometimes controversial) perspective on an industry topic.
Senior executives may view spending on compliance as a necessary evil or a cost of doing business. While compliance spending is certainly necessary and a cost, the compliance function, properly structured and implemented, can significantly contribute to a firm’s value. We believe the added value can actually exceed the cost, and compliance spending can be viewed more broadly as an investment in the business. So, for today’s list, we offer 10 ways that compliance contributes to firm value.
10 Ways Compliance Contributes to Firm Value
- Avoid Fines and Penalties: All firms want to avoid the punitive and unplanned fines, penalties, and disgorgement associated with enforcement actions that a good compliance program can prevent.
- Protect Individual Reputations: The SEC names a corporate officer in over 80% of enforcement actions. Your name in an enforcement action could be career-ending, especially if you are barred from the industry.
- Attract Institutional Clients: Most institutional investors conduct Operational Due Diligence that includes an in-depth review of the compliance program. A weak compliance program can disqualify a firm regardless of investment performance history.
- Increase Firm Multiple: Potential acquirers will assess a firm’s compliance program as a factor in the multiple offered. An inadequate compliance program means more risk, and more risk means a lower multiple.
- Improve Operations: Very often, the compliance procedures serve as a starting point for operational and desk procedures. Also, the discipline of drafting and implementing procedures will serve as an example for finance, portfolio management, and product development.
- Reduce Executive Time: Fewer compliance problems and the associated decline in operational problems means less time spent by executives dealing with non-productive headaches.
- Lower Legal Expenses: A good compliance function will reduce the number of questions requiring outside counsel. Firms will incur significant legal expenses when confronted with an avoidable enforcement action.
- Preserve Reputation: An enforcement action undermines a firm’s reputation, the most valuable asset of any investment management firm. Blue chip firms like to do business with other blue chip firms that have a reputation for integrity.
- Attract Employees: A quality compliance program will create a credible firm attractive to quality employees. A “cowboy culture” will repel the top-notch employees needed to grow into an institutional franchise.
- Freedom from Fear: You wouldn’t drive a car without good brakes. Just like good brakes, a good compliance program allows firm management to move fast and seek new opportunities without fear of an unknown regulatory breakdown.