[About personnel composition in the investment advisory business]

We will explain the personnel structure, which is the most important point when registering an investment advisory business.

The organizational and personnel structure that an advisory business should have is not clearly defined under the Financial Instruments and Exchange Act, but according to the Supervision Guidelines for Financial Instruments Business Operators issued by the Financial Services Agency, (1) Registration applicants and The officers and persons in charge of legal compliance work do not fall under any of the reasons for refusal of registration; (2) there is an adequate organizational structure in place to carry out the work; and (3) there are personnel with sufficient knowledge and experience to carry out the work. You are required to be present.

At the very least, knowledge and experience are important for ``management'', ``executives engaged in managing affairs'', ``sales department (person responsible for investment decisions)'', ``compliance officer'', and ``internal audit officer''. When preparing a system, you need to pay attention to the following points.

① Events at the financial instruments business where you worked in the past (administrative disposition, delayed notification, job change history, etc.)

②Employment type

③Full-time status

④Concurrent position with another company

⑤Concurrent position within the company

⑥ Possibility of outsourcing

The most frequently consulted is③Full-time statuswith④Concurrent position with another company.

Regarding full-time employment

・In order to register as an advisory business, it is said that compliance officers in particular are required to be full-time.

Although there is no legal definition of "full-time", it is generally assumed that "working 5 days or more a week, about 1 hours a day, the same amount of time as other members in a similar position." I am.

In reality, if you work three days a week or work entirely from home, there is a possibility that you will not be considered full-time.

・If the target person's address (address on the resident record) is far from the applicant's location, confirmation of commuting status may be required.

・Since the coronavirus, there is a tendency to allow certain degrees of working from home, but if you go "full remote", you will not be recognized as a full-time worker in the first place, and there is a risk that your home will be considered an office and you will be required to register as an office. there is. Even when working from home, there are cases where you may be asked whether or not you can rush to the office if something happens.

Regarding concurrent positions with other companies

Although concurrent employment is not prohibited, the following points will be checked during screening.

Is there any problem with being able to work full-time at a company that provides advisory services?

→You need to check how often you actually work for other companies, and whether side jobs are allowed at the company you hold concurrently.

In addition, if an executive who is required to work full-time takes on a position (such as a manager) at another company that cannot be held concurrently, it may be determined that there is a problem with the ability to work full-time.

Whether the business you are doing at another company where you concurrently hold a concurrent job is appropriate.

→Depending on the nature of your business, such as entertainment-related work, you may be judged to be inappropriate as a concurrent position.

Whether the business requires clearing up conflicts of interest (e.g., in the case of the same gold merchant)

→If it is determined that it is necessary to sort out conflicts of interest, issues such as preventing harmful effects and handling of information will be questioned, and countermeasures (such as establishing internal regulations and building a system) may be required.

Regarding management of personal information, etc.

→You will be asked to explain in detail about the management of customer information (firewalls, etc.) at other companies where you concurrently hold a concurrent position and at your own company (advisory business), and will be screened.

Please note that working as a sole proprietor is also considered to be a concurrent job.

Please contact us for details.

We support registration applications for investment advisory and agency businesses nationwide.

We provide a wide range of services, including advice on building an internal system when registering for a new job, preparing for an interview with the Finance Bureau, as well as preparing for the Financial Services Agency inspection after registration and dispatching financial instructors.