Updates to the NSCP’s Firm and CCO Liability Framework

Chief compliance officers are concerned that personal liability could be imposed on them without recognition that they were acting in good faith in what are often high-volume, intense environments. Lack of sufficient resources and support from firm management have only heightened those concerns. In response, the NSCP released a Firm and CCO Liability Framework (Original Framework) in January 2022. Just over a year later, the NSCP has released an updated version of the framework (Updated Framework) in response to feedback on the Original Framework. This article explores the response to the Original Framework, why and how the Updated Framework was created, the key changes made, and how CCOs and firms can use the new version. It also includes commentary from Brian L. Rubin, partner at Eversheds Sutherland and member of the NSCP’s Regulatory Advisory Committee, which worked on both frameworks. For discussion on the Original Framework, see “A Look at the NSCP’s Firm and CCO Liability Framework” (Mar. 9, 2022).

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