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Snapshot on Compliance
Dr. Igor Máté
Group Compliance Manager (CEE)
CEE Compliance Summit / March, 2013
RISE OF COMPLIANCE IN CEE: NEW CHALLENGES AHEAD
Decade between 2000 and 2010
• regulatory boom targeting financial industry
• foreign laws with extraterritorial jurisdiction (US Patriot Act, UK Bribery• foreign laws with extraterritorial jurisdiction (US Patriot Act, UK Bribery
Act) also rule
• strengthened law enforcement
• emerging non-legal aspects beyond the legal and regulatory compliance
• show up of new stakeholders
• regulatory dumping imposed on companies of 2004 EU accession
ENHANCED REGULATORY REGIME AND LAW ENFORCEMENT
Iconic items (example of Hungary)
• 2000 – Hungarian Financial Supervisory Authority (HFSA) (significantly
similar to the FSA)
• 2000 – Amendment Competition Act (broaden definition of abuse of
dominant position)
• 2002 – Sarbanes-Oxley Act
• 2005 – EU Unfair Commercial Practices Directive
ABOVE THE LAW
Non-legal regulatory elements
• consumer protection vs. consumer affairs
• charity vs. corporate social responsibility
• environmental friendly vs. environmental awareness• environmental friendly vs. environmental awareness
PRESSURES ON A COMPANY
COMPLIANCE – A POSSIBLE ANSWER
Good Compliance consists of a method supporting the company in
structuring, operating and controlling itself in order to achieve:
• maintaining appropriate compliance with all the applicable legal and
regulatory requirements under which the company is carrying out its
activities;
• fulfilling the long-term strategic goal of the owners while• fulfilling the long-term strategic goal of the owners while
• taking into account the expectations of all the key stakeholders, and in
particular:
• consider and care for the interests of employees,
• work to maintain excellent relations with both customers and suppliers
• take account of the needs of the environment and the community
• building a culture, based on a foundation of sound business ethics
COMPLIANCE CONCEPTS
CONVENTIONAL COMPLIANCE ADVANCED COMPLIANCE
addressed to the management
who liaise with shareowners
addressed to all employees
who liaise with all stakeholders
aims accountability aims responsibilityaims accountability aims responsibility
exclusive
considers company
as a regulatory licensed operation
inclusive
as a good corporate citizen considers also
• industry and market standards
• reputation / public confidence
• media / public opinion
• customers and consumers
• pressure groups
• communities
• political opinion / upcoming legislation
CONVENTIONAL vs. ADVANCED
CONVENTIONAL COMPLIANCE ADVANCED COMPLIANCE
follower forerunner
legal & regulatory legal & regulatory + business + social
one way (declarative) round (communicative)one way (declarative) round (communicative)
internal internal and external
single, separated focus multiple, combined focus
checklisting matrixing
control guidance / support
ROLE WITHIN THE BUSINESS
D R I V E R S B A L A N C E S C H E C K S
undertaking / risk taking safeguarding controlling
business compliance I risk audit I controllingbusiness compliance I risk audit I controlling
management
dynamic dynamic dynamic/static static
PERFORMANCE CONFORMANCE CONVENTIONAL
COMPLIANCE
KEY BENEFITS
• strengthening governance
• increasing risk management
• boosting corporate integrity and corporate identity
• lifting approach form accountability to responsibility
• enhancing responsiveness
• promoting stakeholders’ (mutual) understanding and cooperation
• safeguarding reputation
• preventing corporate failures
• building corporate responsibility
• improving competitiveness
RESPONSIBILITIES
CONTROLLING
monitoring
overseeing
evaluating
analysing
channelling
challengingchallenging
risk identifying CATALYZING
> liaising
> facilitating
> negotiating
SUPPORTING
• advising business
• training employees
• issuing recommendations
• policy and procedure drafting
• implementing Group / EU / international / standards
• spreading compliance standards to subsidiaries
POSITION WITHIN THE ORGANIZATION
COMPLIANCE
• reports to CEO
• liaises with Group Compliance
• supervises respective functions of domestic and foreign subsidiaries• supervises respective functions of domestic and foreign subsidiaries
• co-operates with fellow functions
• legal and regulatory
• internal audit
• consumer protection
• marketing and communications
• operations
• HR / training
• Group management
Further on Compliance
Please contact the author at
https://hu.linkedin.com/in/igormate

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SNAPSHOT ON COMPLIANCE

  • 1. Snapshot on Compliance Dr. Igor Máté Group Compliance Manager (CEE) CEE Compliance Summit / March, 2013
  • 2. RISE OF COMPLIANCE IN CEE: NEW CHALLENGES AHEAD Decade between 2000 and 2010 • regulatory boom targeting financial industry • foreign laws with extraterritorial jurisdiction (US Patriot Act, UK Bribery• foreign laws with extraterritorial jurisdiction (US Patriot Act, UK Bribery Act) also rule • strengthened law enforcement • emerging non-legal aspects beyond the legal and regulatory compliance • show up of new stakeholders • regulatory dumping imposed on companies of 2004 EU accession
  • 3. ENHANCED REGULATORY REGIME AND LAW ENFORCEMENT Iconic items (example of Hungary) • 2000 – Hungarian Financial Supervisory Authority (HFSA) (significantly similar to the FSA) • 2000 – Amendment Competition Act (broaden definition of abuse of dominant position) • 2002 – Sarbanes-Oxley Act • 2005 – EU Unfair Commercial Practices Directive
  • 4. ABOVE THE LAW Non-legal regulatory elements • consumer protection vs. consumer affairs • charity vs. corporate social responsibility • environmental friendly vs. environmental awareness• environmental friendly vs. environmental awareness
  • 5. PRESSURES ON A COMPANY
  • 6. COMPLIANCE – A POSSIBLE ANSWER Good Compliance consists of a method supporting the company in structuring, operating and controlling itself in order to achieve: • maintaining appropriate compliance with all the applicable legal and regulatory requirements under which the company is carrying out its activities; • fulfilling the long-term strategic goal of the owners while• fulfilling the long-term strategic goal of the owners while • taking into account the expectations of all the key stakeholders, and in particular: • consider and care for the interests of employees, • work to maintain excellent relations with both customers and suppliers • take account of the needs of the environment and the community • building a culture, based on a foundation of sound business ethics
  • 7. COMPLIANCE CONCEPTS CONVENTIONAL COMPLIANCE ADVANCED COMPLIANCE addressed to the management who liaise with shareowners addressed to all employees who liaise with all stakeholders aims accountability aims responsibilityaims accountability aims responsibility exclusive considers company as a regulatory licensed operation inclusive as a good corporate citizen considers also • industry and market standards • reputation / public confidence • media / public opinion • customers and consumers • pressure groups • communities • political opinion / upcoming legislation
  • 8. CONVENTIONAL vs. ADVANCED CONVENTIONAL COMPLIANCE ADVANCED COMPLIANCE follower forerunner legal & regulatory legal & regulatory + business + social one way (declarative) round (communicative)one way (declarative) round (communicative) internal internal and external single, separated focus multiple, combined focus checklisting matrixing control guidance / support
  • 9. ROLE WITHIN THE BUSINESS D R I V E R S B A L A N C E S C H E C K S undertaking / risk taking safeguarding controlling business compliance I risk audit I controllingbusiness compliance I risk audit I controlling management dynamic dynamic dynamic/static static PERFORMANCE CONFORMANCE CONVENTIONAL COMPLIANCE
  • 10. KEY BENEFITS • strengthening governance • increasing risk management • boosting corporate integrity and corporate identity • lifting approach form accountability to responsibility • enhancing responsiveness • promoting stakeholders’ (mutual) understanding and cooperation • safeguarding reputation • preventing corporate failures • building corporate responsibility • improving competitiveness
  • 11. RESPONSIBILITIES CONTROLLING monitoring overseeing evaluating analysing channelling challengingchallenging risk identifying CATALYZING > liaising > facilitating > negotiating SUPPORTING • advising business • training employees • issuing recommendations • policy and procedure drafting • implementing Group / EU / international / standards • spreading compliance standards to subsidiaries
  • 12. POSITION WITHIN THE ORGANIZATION COMPLIANCE • reports to CEO • liaises with Group Compliance • supervises respective functions of domestic and foreign subsidiaries• supervises respective functions of domestic and foreign subsidiaries • co-operates with fellow functions • legal and regulatory • internal audit • consumer protection • marketing and communications • operations • HR / training • Group management
  • 13. Further on Compliance Please contact the author at https://hu.linkedin.com/in/igormate