Riskpro legal and compliance audits 2013

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Riskpro legal and compliance audits 2013

  1. 1. Legal & Compliance Audits Riskpro, India 1
  2. 2. Who is Riskpro… Why us? ABOUT US MISSION Riskpro is an organisation of member firms around India devoted to client service  Provide integrated risk management excellence. Member firms offer wide range consulting services to mid-large sized of services in the field of risk management. corporate /financial institutions in India Currently it has offices in three major cities  Be the preferred service provider for Mumbai, Delhi and Bangalore and alliances complete Governance, Risk and Compliance in other cities. (GRC) solutions. Managed by experienced professionals with experiences spanning various industries. VALUE PROPOSITION DIFFERENTIATORS You get quality advisory, normally delivered by large consulting firms, at fee levels  Risk Management is our main focus charged by independent & small firms  Over 200 years of cumulative experience High quality deliverables  Hybrid Delivery model Multi-skilled & multi-disciplined organisation.  Ability to take on large and complex projects Timely completion of any task due to delivery capabilities Affordable alternative to large firms  We Hold hands, not shake hands. 2
  3. 3. Risk Management Advisory Services Basel II/III Advisory Corporate Risks Information Security  Market Risk  Enterprise Risk Assessment  IS Audit  Credit Risk  Fraud Risk  Information Security  Operational Risk  Risk based Internal Audit  IT Assurance  ICAAP  Operations Risk  IT Governance  Forensic servicesSERVICES Operational Risk Governance Other Risks  Process reviews  Corporate Governance  Business/Strategic Risk  Policy/ Process Review  Business Strategic risk  Reputation Risk  Process Improvement  Fraud Risk  Outsourcing Risk  Compliance Risk  Forensic Accounting  Contractual Risk Training Recruitment  Banking – E Learning  Virtual Risk Managers  Corporate Training  Full Time Risk Professionals  Regular Risk Management Training  Part time Risk Professionals  Online Training material  Risk Managers on call – free  Workshops / Events 3
  4. 4. Riskpro’s Network Presence New Delhi Agra Ahmedabad Kolkata Mumbai Pune Hyderabad Bangalore Salem 4
  5. 5. Legal and Compliance Management - Background  Complex Legal Environment (multiple laws, wider coverage)  Stricter government implementation, resulting in possible criminal persecution  Hefty penalties for non compliance  Active Civil Society, NGOs and Activists monitoring action of corporates  The pressure from international trading partners on compliance, specially for labour laws  Compliance statement, signed by directors has to be submitted by the companies listed on Stock exchange every year.  Corporate governance and social responsibility leading to expectation of compliances. 5
  6. 6. Legal Compliance AuditsObjectives To identify the level of compliance of an organisation Identify the compliance risk Enable the management to take steps to make the organisation compliant with laws and regulations Riskpro’s Legal and Compliance Audit Non Compliance 1. Identification of Regulatory scope and laws Audit Report that apply to CompanyCompany 2. Location visit 3. Interviews and discussions with ACTIONS Documents Management Remediation of non compliance 4. Issue of Audit Report 5. Follow up and remediation 6
  7. 7. Example Clients in Retail Sector Riskpro has strategic alliance with Progress Partners to offer Legal and Compliance Audits, Legal Risk Management and related advisory to our clients Progress Partners have been doing Legal and Compliance Audit for many manufacturing and retail clients for years. In addition, they have been working on Risk Management functions for both small and large clients. They are considered the experts in the retail Sector. We have been doing Risk Management assignments for clients like Raymond Ltd Raymond Apparel Ltd Color Plus Fashions Ltd Regal Shoes Group Reebok India Trent Hypermarket Ltd. (Star Bazaar) Comprehensive Affordable Ongoing 7
  8. 8. Audit MethodologyStage 1 – CAC Preparation of Compliance Audit Checklist (CAC) covering all relevant laws applicable to the target unit.Stage 2 - Visit to location Verification of relevant records and documents available. Compilation of draft report based upon findings and observations of the audit team Review meeting with the unit head / work directors to discussion on the finding of audit.Stage 3 – Report Submission of detailed Non Compliance (NC) report to the company (Board of Directors or Compliance Head) Follow up with the unit to verify action taken 8
  9. 9. Audit Methodology (Contd.)CAC : Divided into 4 main parts : • List of Registers, Abstracts, Notices, Returns • HR related acts and regulations • Engineering & Environment Laws • Taxation CAC acts as a guideline, but not as exhaustive limit for audit team CAC filled with reference to actual documents verified, not only based on feedback from auditee. Copies of key documents retained in working papers 9
  10. 10. Methodology (Contd.)Report : Preparation of Non-Compliance list during plant visit Discussion of observation with Unit Head Inputs from Unit Head and HOD of relevant dept recorded in working papers Preparation of Final Audit Report consisting of : • Non Compliance Summary • Registers List – Compliance Status • Comparison (if possible) with previous reports to identify long-standing issues not resolved Impact and Criticality of Non-Compliance identified in report for each item reported • General Penalty for non-compliance • Criticality (Critical, Serious, Minor, Technical) 10
  11. 11. Components of Report Non-Compliance Summary - a list of all items where the unit is not compliant, forming a primary report to client Register List – a detailed listing of all registers / notices / abstracts to be maintained / displayed, the status of each, to allow easy follow up. Criticality is reported in the following terms: Critical - Possibility of unit being shut down. Serious - Heavy Penalty, criminal offence, imprisonment Minor – Let of with warning and mild fines. Technical - Wrong format / documentation easily corrected 11
  12. 12. Acts covered Factories Act, 1948 Shop & Establishment Act (state acts) Payment of Wages Act, 1936 Maternity Benefits Act, 1961 Minimum Wages Act, 1948 Gratuity Act, 1972Human Resources (HR) Equal Remuneration Act, 1976 ESI Act, 1948 Payment of Bonus Act, 1965 Apprentices Act, 1961 Provident Fund & Misc Provisions Act, Employment Exchanges (Compulsory 1952 Notification of Vacancies Act), 1959 Contract Labour (Regulation & Abolition) act, Trade Unions Act, 1926 1970 Private Security Agencies Regulation Workmen Compensation Act, 1923 Act, 2005 Prevention of Sexual Harassment Industrial Disputes Act, 1947 (Guidelines) Labour Welfare Act (state acts) 12
  13. 13. Acts covered Electricity Act, 2003 Environment Protection Act, 1986ENGINEERING Petroleum Act, 1934 Water (Prevention and Control of Pollution) Act, 1981 Explosives Act, 1884 Air (Prevention and Control of Pollution) Act, 1981 Boilers Act, 1923 Water Cess Rules, 1977 Legal Meteorology Act, 2011 Hazardous Waste Handling & Management Rules, 1989 Essential Commodity Act, 1945 Micro, Small & Medium Enterprises Devel. Act, 2006 Central Excise Act, 1944TAXES & MISC Central Sales Tax Act, 1956 State VAT Acts Customs Act, 1962 (export and import documentation) Service Tax Act, 1955 Income Tax Act (payment of Tax, TDS) Foreign Exchange Management Act Industries (Development & Regulation) Negotiable Instruments Act, 1881 Act, 1951 Information Technology Act, 2000 Motor Vehicles Act, 1988 Competition Act, 2002 13
  14. 14. Benefits and Obstacles to Legal / Compliance AuditsBenefits In-house legal team is costly to maintain High attrition rate leaves gaps in In-house team and creates problems in audit In-house team, where present, is generally busy with the urgent legal matters. A external audit team is given preference in terms of time and attention then the in-house team. A external audit team will give independent and fair report.Possible Challenges Fear of audit resulting in Non-Cooperative attitude of units Manipulation of records & Concealment of facts Fear on confidentiality of data Controlling and preventing mistakes / non-compliances between audit periods 14
  15. 15. Riskpro Clients Our Clients *Any trademarks or logos used throughout this presentation are the property of their respective owners 15
  16. 16. Team Experiences Our Experiences Our team members have worked at world class Companies *Any trademarks or logos used throughout this presentation are the property of their respective owners 16
  17. 17. RESUMES – Our team Credentials  Co-Founder - Riskpro  CA, CPA, MBA-Finance (USA), FRM (GARP) Manoj Jain  Over 10 years international experience – 6 years in Bahrain and 4 years USA  15 years exp in risk management consulting and internal audits, Specialization in Operational Risk, Basel II, Sox and Control design  Worked for Ernst & Young (Bahrain), Arab Investment Company (Bahrain), Navigant Consulting(USA), Kotak Mahindra Bank (India) and Credit Suisse(India)  Sox Compliance project for Fannie Mae, USA ( $900+ Billion Mortgage Company)  Co- Founder - Riskpro  CA (India), MBA (Netherlands), CIA (USA) Rahul Bhan  Over 15 years of extensive internal and external audit experience in India and abroad.  Worked with KPMG United Arab Emirates, PKF South Africa, Ernst and Young Kuwait, Deloitte Netherlands and KPMG India.  Worked with clients in a wide variety of industries and countries including trading, retail and consumer goods, NGO, manufacturing and banking and finance. Major clients include banks, investment companies, manufacturing organizations, aviation etc. 17
  18. 18. RESUMES - Our team Credentials  Co-Founder - Riskpro Casper Abraham  PGD (Electrical & Electronics & Computer Programming)  30 years of experience in Information & Communications Technology (ICT) Solutions for Retail, Garments, Manufacturing, Services Industries.  Has created Companies, Divisions, Products, Brands, Teams & Markets.  Consulting in Business, Technology, Marketing & Sales & Strategic Planning.  Advisory, Training, Workshops & Implementation in Systems Thinking, Systems Modeling & Balanced Scorecard  Worked with TIFR, Mahindra, Ambience, Communico-Graphique & Ionidea Inc, USA,  Sr Vice President – Risk Management MBA, PDFM,NSE-NCFM, PMP, CSSGB,ISO 9001:2000 I.A,GARP-FBR, ITILV3,CPP-BPM Hemant Seigell   Professional with 17 years of rich experience into diverse Consumer finance/ Lending operations ,Risk Management,BPMS, Consumer Banking, NBFC, Management Consulting & Housing finance in BFSI industry having successfully led key business strategic engagements across multi-product environment in APAC, Australia and US regions.  Worked with GE, ABN AMRO Bank, Citigroup, Accenture, Deutsche Postbank  Highly skilled and expert Trainer in Risk areas across Credit, Fraud, Operational, Corporate Risk management.  Specializes in Fraud Control, AML/KYC Compliance ,QA ,ERM and Regulatory governance. 18
  19. 19. RESUMES - Our team Credentials  Head - Insurance Risk Advisory services  B.sc, Associate of Indian Institute of Insurance Licensed Category A Insurance surveyor R. Gupta   26 years of experience in Insurance advisory services, Loss adjusting for large corporates,Claims management.  Has assessed more than 4500 high value insurance claims across various industry sectors.  Risk management inspection  Valuations of fixed assets for insurance purpose.  Head - Human Capital Management Nilesh Bhatia  Chartered Accountant, Lead Assessor ISO 9000, Six Sigma Trained, Trained on Situational Leadership, Trained on interviewing skills and Whole Message Model.  Over two decades of international, multi-cultural experience in finance and human resources viz. internal audit, accounting operations, accounting process review & re-designing, risk management, business solutioning, six sigma projects, talent acquisition, talent retention, organization design/redesigning, compensation and appraisal processing, employee and customer satisfaction surveys, knowledge management and finance services.  Worked with Citicorp/MGF, India Glycol, Delphi, American Express India, American Express USA, Fidelity International and Macquarie Global Finance Services India. 19
  20. 20. RESUMES - Our team Credentials  Head – Taxation Risk Advisory Rajesh Jhalani  B.Com, FCA  Senior Partner with 48 year old Delhi based Chartered Accountant firm, Mehrotra and Mehrotra  Over 19 years of experience in the field of Audit, Taxation, Company law matters.  Major clients served are NTPC, BHEL, Bank of India, PNB, Airport Authority of India etc. President – Banking & Financial Services  A senior researcher in Applied Mathematics leading to Ph.D after MSc (Mathematics), Sivaramakrishnan CWA, CAIIB  Combined experience of 25+ years in corporate banking, risk management, international trade finance, development of risk rating models, project finance, credit monitoring and NPA management  Since 2006 conducting open / in-house training on the above domains to all Top public/ new and old private sector banks, top MNC banks (India and abroad), leading NBFCs and corporates in manufacturing and financial services space; Worked on IFC (World Bank) funded projects for MSMEs in India and abroad  Worked for Bank of Baroda and ICICI Bank – bestowed Top Performer Award continuously two years during his tenure; widely travelled abroad for business relations, seminars, offering training, investor meetings, NYSE listing and for processes involving establishment of representative Office in USA 20
  21. 21. RESUMES - Our team Credentials Executive Vice President – Risk Management ( Banking & Financial Services)  A hands-on banking professional {BSc (Mathematics), CAIIB} with considerable domestic and international experience Kashi Banerjee  An aggregate experience of 24+ years across industry, mainly BFSI in several functional areas including Retail and Commercial Banking, Corporate Lending, team member of the Business Process Re-Engineering project (BPR); conceptualizing and setting up shared services centres for centralized operations for the Bank in India.  Management through ERM framework overseeing all key areas of the business through various Operational Risk tools like KRI / RCSA matrices. Managing of major project implementation of Basel II and Compliance risk framework  Directing, reviewing and advising Board of Directors on various compliance issues and representing the bank to the Central Bank regulatory offices.  Worked for ANZ Grindlays Bank, Standard Chartered, Bahraini Saudi Bank and Dubai Holdings ( subsidiary) Consultant – Information Security & IT Governance Anjay Agarwal  LLB, CA, CISA, CWA, CS, CFE and others  Over 15 years of experience in the field of Audit, Taxation, Investigations.  Specializing in the field of Systems Audit, Cybrex Audit, Computer Crime Investigations, IS Forensics  International Committee Member of Governmental and Regulatory Agencies Board and Academic Relations Committee of ISACA, USA 21
  22. 22. RESUMES - Our team Credentials Executive Vice President – Risk Management ( Banking & Financial Services) Vijayan Govindarajan  Professional Risk Manager with considerable domestic and international experience  An aggregate experience of 30 + years across industry, mainly Banking in several functional areas including Wholesale Credit Risk, Operational Risk, Trade Finance , Retail Banking and Islamic Financial Services.  Track record of setting up of excellence in the set-up, and management of credit and operational risk, compliance and credit administration functions in retail, commercial , Islamic Banking and offshore banking entities in the Middle East.  Key strength includes Corporate Credits, Risk Management in IT, implementation of Risk Management module in core banking Bank’s Policies, procedures, Country Risk. Played an active role in 3 core banking software implementations  Worked for a Private Sector Bank in India, ABN AMRO Bank, Bahrain, Bank Muscat Bahrain and BMI Bank Bahrain as AGM Risk Management.  Specialist Risk Consultant – ERP & IT Compliance Gourav Ladha  SAP Certified, MBA (Finance), SAP Security trained (from SAP India), SAP GRC Access Controls trained (from SAP India)  Over 7 years of experience working in the area of ERP/IT Risk advisory, primarily focusing on SAP, for ‘Fortune 500’ clients in around 8 countries including US, UK, UAE, Hong Kong, etc  Specializes in SAP Risk & Controls Advisory, SAP Business Process Controls Audit, SAP Security & Segregation of Duties Control Audit, ERP Trainings,  Strong Industry experiences ranging from Beverages, Insurance, Energy, FMCG, Pharmaceutical, Retail, Telecommunication to IT Services  Worked for risk advisory teams of reputed organizations like Ernst & Young, EXL Services 22
  23. 23. RESUMES - Our team Credentials  Vice President & Head – IT Risk Advisory Ravikiran Bhandari  Over 14+ Years of Experience in Information Security and Risk Management & CISM certified  Headed the Global Information Security team of Daimler (Mercedes-Benz) Worldwide at Bangalore for 9 years, previously worked at organization like Wipro, Bangalore Labs  Multi-sector experience including Banking, Insurance, Finance, Energy, Manufacturing, Retail, Hi-Tech & Telecom, and Automobile  Well known Ethical hacker: Was featured in BusinessWorld Magazine in an article about leading ethical hackers in India and published several articles in Print and Online Media  Rich experience in Information Security Audits across Corporations, 3rd Party Suppliers, Joint Ventures across several countries in the world including US, UK, China, Germany Vice President – Legal Risk Advisory Aashish Shrivastav   B.B.A. LL.B. (Hons.)  About half a decade experience in legal services to client’s with respect to Contract and Commercial Laws, Joint Ventures, Inbound & Outbound Investments, Private Equity Investment Transactions, Real Estate & Infrastructure, Energy and General Corporate.  Have advised various social enterprises and start ups in setting up business in India.  Worked for the leading law firms of India such as FoxMandal Little. 23
  24. 24. RESUMES - Our team Credentials  Vice President – Riskpro India Phanindra Prakash  FCA [India], ACMA [India], CFE [USA], CertIFRS [UK]  Over 16 years of extensive consulting experience which includes financial & systems audit, process transformation, implementation of internal controls, SOX compliance, fraud audits & due diligence, US-India taxation  Engaged in consulting roles as trusted advisor to finance, internal audit and information technology executives of multiple Fortune 1000 companies with project sites in US, Canada, Europe & Asia  Worked with E&Y and Deloitte Consulting in USA  Some of the major clients served internationally are GE Capital, UBS, McKesson, Eaton, Imation, Albertsons,  EVP and Head – Telecom Risk Advisory  M.Tech, IIT Kharagpur, India; IES; Doctoral study, research and teaching in Linkpoing University/Sweden; Lead Auditor (BVQI). Asok Sit  Over 30 years on International experience in networks and mobile Handsets from top global companies /institutes like ISRO, Ericsson, Nokia, Nokia Siemens Networks and based mostly in its head quarter locations in India, EU, USA.  Expertise: Setting up capability, behaviour, culture in turning Risk, Quality, Innovation for competitive advantage, customer delight and sustainability; key skill sets are Engagement, Handholding, Coaching, Mentoring and lot of best practices, benchmarking/standards like CMMI, TL9000, Six Sigma, ISO, SAS 70 etc. 24
  25. 25. RESUMES - PARTNERSHIPS  Specialist Risk Consultant – Business ContinuityAndrew Hiles  Founder and 15-year Chairman of Survive, the first international user group for Business Continuity professionals  Founding director and first Fellow of the Business Continuity Institute  Over 25 years international consulting expertise in Risk, Crisis, Emergency, Incident, and Business Continuity and ICT Disaster Recovery Management  Multi-sector experience including Banking, Insurance, Finance, Oil, Gas, Energy, Manufacturing, Retail, Hi-Tech & Telecom  Western Press Award for services to business, 1994; BCI/CIR nomination for lifetime achievement in BC, 1999, London; inducted into BC Hall of Fame by CPM magazine, 2004, Washington DC.  Specialist Risk Consultant – Enterprise Risk ManagementChris E. Mandel  Highly skilled risk and insurance professional with 25 years of experience designing, developing and implementing large, global corporate risk management programs for Fortune 500 firms.  Principal Consultant and Founder - Excellence in Risk Management, LLC. (Texas, USA) Co- founder and EVP, Professional Services, rPM3 Solutions, LLC (Maryland, USA).  Past experiences include Head of Global Risk Management for USAA, PepsiCo/Tricon Global and American National Red Cross  Additional risk and insurance experience at Verizon Corp,. Marsh USA and Liberty Mutual Insurance Co.  2004 Risk Manager of the Year – 2007 recipient of the Alexander Hamilton Award for “Excellence in ERM” (at USAA) – former President, Risk and Insurance Management Society, Inc. 25
  26. 26. RESUMES - Advisors Credentials  Founder partner of Mehrotra and Mehrotra, a 48 year old CA firm in India Mr. MP Mehrorta  B.Com, FCA, LLB  Over 48 years of experience in audits, taxation, legal matters, loan syndication etc.  Trustee of Cochin Port Trust, Member of Task Force for MOUs, Ministry of Heavy Industries & Public Enterprises, Govt. of India, Ex- Member of Central Board of Trustees, Employees’ Provident Fund Organisation (EPFO), Ministry of Labour, Govt. of India, New Delhi.  Ex - Director, Canara Bank  Practicing chartered accountant in Delhi  CA, ICWA Mr. PK Gupta  Over 35 years of professional experience.  Trustee, Kargil Shaheed Smarak Samiti  Hon. Treasurer, World Academy of Spiritual Sciences (WASS).  Panel Arbitrator, International Centre for Alternative Dispute Resolution  Arbitrator, Cement Corporation of India  Arbitrator, Bombay Stock Exchange Limited  Arbitrator, Central Depository Services (India) Limited  Arbitrator’s Panel of Indian Council of Arbitration 26
  27. 27. Key Contacts Corporate Mumbai Delhi Bangalore Riskpro India Manoj Jain Rahul Bhan Casper Abraham Ventures (P) Limited Director Director Director M- 98337 67114 M- 99680 05042 M- 98450 61870 manoj.jain@riskpro.in rahul.bhan@riskpro.in casper.abraham@riskpro.in info@riskpro.in www.riskpro.in Sivaramakrishnan Hemant Seigell Vijayan Govindarajan President – Banking & FS SVP – Risk Management EVP – Risk Management C 561, Defence colony M- 98690 19311 M- 99536 97905 M- 99166 63652 New Delhi 110024 smaran.iyer@riskpro.in hemant.seigell@riskpro.in vijayan.govindarajan@riskpro.in Ahmedabad Pune Kolkata Gurgaon Maulik Manakiwala M.L. Jain Kashi Banerjee Nilesh Bhatia Associate Firm Principal – Strategy Risk EVP – Risk Management Head – Human Capital Mgt. M – 98256 40046 M- 98220 11987 M- 98304 75375 M- 98182 93434 mljain@riskpro.in kashi.banerjee@riskpro.in nilesh.bhatia@riskpro.in Gourav Ladha Sap Risk Advisory M- 97129 52955 Salem Ghaziabad Agra Hyderabad Chandrasekeran R Gupta Alok Kumar Agarwal Phanindra Prakash Recruitment franchisee Head – Insurance Risk Associate Firm Member Firm M – 94435 99132 M- 98101 07387 M- 99971 65253 M- 95500 61616Copyright- © 2012 Riskpro ,India .All rights reserved. 27
  28. 28. Key Contacts (Continued) Corporate Bangalore Gurgaon Riskpro India Ravikiran Bhandari Asok Sit Ventures (P) Limited VP – IT Risk Advisory EVP, Head – Telecom Risk Advisory M- 99001 69562 M- 98105 03463 info@riskpro.in ravikiran.bhandari@riskpro.in www.riskpro.in asok.sit@riskpro.in C 561, Defence colony New Delhi 110024Copyright- © 2012 Riskpro ,India .All rights reserved. 28

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