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The current compliance issues in the Netherlands Sound legal information management as a condition for legal compliance and risk management
Positioning Legal Compliance and Risk Management within ERM The faces of the cube: Corporate  goals Internal control steps Company layer Legal information management is related to: Compliance face – compliance with legislation and regulations  Reporting face – reliability of reporting  Operations face – e.g. authorization and proxies Enterprise risk management is a process, effected by an entity’s board of directors, management and other personal, applied in strategy setting and across the enterprise, designed to identify potential events that may affect the entity, and manage risks to be within its risk appetite, to provide reasonable assurance regarding the achievement of entity objectives and related projects, initiatives and day-to-day operating practices. Enterprise risk management (ERM): the COSO cube
Legal compliance Possible components of legal compliance within COSO model ,[object Object]
   Articles of association (bodies, authorities, decision-making)
   Bylaws of supervisory board and of executive board
   Charter Audit & Control Committee
   Charter Nominating & Remuneration Committee
   Executiveboard authorities within the group
   Authorisation structure within the group
   Company Code of conduct

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Legadex legal compliance

  • 1. The current compliance issues in the Netherlands Sound legal information management as a condition for legal compliance and risk management
  • 2. Positioning Legal Compliance and Risk Management within ERM The faces of the cube: Corporate goals Internal control steps Company layer Legal information management is related to: Compliance face – compliance with legislation and regulations Reporting face – reliability of reporting Operations face – e.g. authorization and proxies Enterprise risk management is a process, effected by an entity’s board of directors, management and other personal, applied in strategy setting and across the enterprise, designed to identify potential events that may affect the entity, and manage risks to be within its risk appetite, to provide reasonable assurance regarding the achievement of entity objectives and related projects, initiatives and day-to-day operating practices. Enterprise risk management (ERM): the COSO cube
  • 3.
  • 4. Articles of association (bodies, authorities, decision-making)
  • 5. Bylaws of supervisory board and of executive board
  • 6. Charter Audit & Control Committee
  • 7. Charter Nominating & Remuneration Committee
  • 8. Executiveboard authorities within the group
  • 9. Authorisation structure within the group
  • 10. Company Code of conduct
  • 11. Risk management policy
  • 12.
  • 14. Checklist annual accounts and annual report
  • 15. Claim reporting and claim handling procedure
  • 19. Acceptable contract standards and general conditions
  • 20. Licences, brands, trade name, domain name
  • 21. (online) company information as a basis for governance, compliance, risk management and working more efficientlyLegal compliance
  • 22. Poor information management: Loss of time and lack of efficiency for staff Much duplication of work and often duplication of jobs half done Difficult information exchange between finance, legal, tax, compliance Rolling out the business control framework often turns into a theoretical exercise Resulting in low level of compliance and risk management 'for the record' Issues: information management is key
  • 23.
  • 25. Being in control is instrumental: information process should not depend on individual employees; finance, legal and compliance are accessible from a single source (that is also updated)
  • 26. Sound legal information management is now generally accepted as a condition for legal compliance: need to have
  • 27.
  • 28. Tightening of legislation and regulations Supervisors have a more prominent role (DNB, AFM, OPTA, CBP, NMA etc.) Increased focus on directors' personal liability Expansion of claim culture (CANTAB survey/zyLab November 2010: 59% of legal decision-makers in large corporations acknowledge this trend and are concerned) Issues: trends in legal compliance risk
  • 29. Legal compliance and risk management are not: to be just done as a sideline activity a ‘one-man show' of Legal to be done and forgotten but require: a well-considered structure of the process a sense of reality regarding the scope of the project access to information is absolutely key internal support and communication coordination between finance, legal, tax, compliance regular update and monitoring Conclusion
  • 30. Legadex B.V. | Teleportboulevard 110 | 1043 EJ Amsterdam | Tel.: +31 (0)20 - 82 08 396 Amsterdam Trade Register no. 34303161 Rabobank Amsterdam 1270.63.846 | VAT NL 819508512B01 Email: info@legadex.com | www.legadex.com Thankyou for your attention