This document summarizes a presentation given by Dr. Igor Máté on the rise of compliance in Central and Eastern Europe. It discusses how regulatory requirements have increased over the past decade due to laws like the US Patriot Act and UK Bribery Act. It also describes how compliance has evolved from a conventional, legal focus to an advanced approach that considers business and social responsibilities. An advanced compliance program aims to build a culture of sound ethics, strengthen governance, and improve competitiveness by addressing expectations of all stakeholders.
Conduct Risk – What Corporates Can Learn From The Financial SectorEversheds Sutherland
Over the last few years the financial services industry has wrestled with the impact of poor conduct. Fines and penalties have soared, franchises have been damaged and the legal and regulatory burden has forced a complete rewriting of business models. As a result there has been a sharpened focus from both a regulatory and governance perspective on “conduct risk” – the pro-active management of anything in which an institution might engage which could impact on customer outcomes, or market integrity. We look into what corporates in other sectors can learn from financial institutions in terms of compliance, culture, governance and ”conduct risk”.
The concept, scope, significance and need for compliance management
• Establishment of Compliance Management Framework
• Compliance Management process
• Systems approach to compliance management
• Apparent, Adequate and absolute compliance
• Role of Company Secretary in compliance management
CH -11 CORPORATE GOVERNANCE AND OTHER STAKEHOLDERSBibek Prajapati
CH -11 CORPORATE GOVERNANCE AND OTHER STAKEHOLDERS
FOR CS PROFESSONAL, CA,CMA, MBA
Stakeholder Concept
• Recognition of Stakeholder Concept In Law
• Stakeholder Engagement
• Stakeholder Analysis
• Types of Stakeholders
• Caux Round Table
• Clarkson Principle of Stakeholder Management
• Governance Paradigm and Stakeholders
• Stakeholders provide resources that are more or less critical to a firm’s long-term success. These resources may be both tangible and intangible. Shareholders, for example, supply capital; suppliers offer material resources or intangible knowledge; employees and managers grant expertise, leadership, and commitment; customers generate revenue and provide infrastructure; and the society builds its positive corporate images.
• A director of a company shall act in good faith in order to promote the objects of the company for the benefit of its members as a whole, and in the best interest of the company, its employees, the community and the environment.
• Stakeholder engagement leads to increased transparency, responsiveness, compliance, organizational learning, quality management, accountability and sustainability. Stakeholder engagement is a central feature of sustainability performance.
• Primary stakeholders are those whose continued association is absolutely necessary for a firm’s survival; these include employees, customers, investors, and shareholders, as well as the governments and communities that provide necessary infrastructure.
• Secondary stakeholders do not typically engage in transactions with a company and thus are not essential for its survival; these include the media, trade associations, and special interest groups.
• Customers are considered as the king to drive the market and they can sometimes exercise influence by consolidating their bargaining power in order to get lower prices.
• The lenders put a check and balance on the governance practices of an organization to ensure safety of their fund and as a societal responsibility.
• The organization which builds a mutually strong relationship with its vendors improves its overall performance in the marketplace.
• The society provides the desired climate for successful operation of a company business. If society turns against the company, then business lose its faith in the eyes of other stakeholders be it government or customer.
Conduct Risk – What Corporates Can Learn From The Financial SectorEversheds Sutherland
Over the last few years the financial services industry has wrestled with the impact of poor conduct. Fines and penalties have soared, franchises have been damaged and the legal and regulatory burden has forced a complete rewriting of business models. As a result there has been a sharpened focus from both a regulatory and governance perspective on “conduct risk” – the pro-active management of anything in which an institution might engage which could impact on customer outcomes, or market integrity. We look into what corporates in other sectors can learn from financial institutions in terms of compliance, culture, governance and ”conduct risk”.
The concept, scope, significance and need for compliance management
• Establishment of Compliance Management Framework
• Compliance Management process
• Systems approach to compliance management
• Apparent, Adequate and absolute compliance
• Role of Company Secretary in compliance management
CH -11 CORPORATE GOVERNANCE AND OTHER STAKEHOLDERSBibek Prajapati
CH -11 CORPORATE GOVERNANCE AND OTHER STAKEHOLDERS
FOR CS PROFESSONAL, CA,CMA, MBA
Stakeholder Concept
• Recognition of Stakeholder Concept In Law
• Stakeholder Engagement
• Stakeholder Analysis
• Types of Stakeholders
• Caux Round Table
• Clarkson Principle of Stakeholder Management
• Governance Paradigm and Stakeholders
• Stakeholders provide resources that are more or less critical to a firm’s long-term success. These resources may be both tangible and intangible. Shareholders, for example, supply capital; suppliers offer material resources or intangible knowledge; employees and managers grant expertise, leadership, and commitment; customers generate revenue and provide infrastructure; and the society builds its positive corporate images.
• A director of a company shall act in good faith in order to promote the objects of the company for the benefit of its members as a whole, and in the best interest of the company, its employees, the community and the environment.
• Stakeholder engagement leads to increased transparency, responsiveness, compliance, organizational learning, quality management, accountability and sustainability. Stakeholder engagement is a central feature of sustainability performance.
• Primary stakeholders are those whose continued association is absolutely necessary for a firm’s survival; these include employees, customers, investors, and shareholders, as well as the governments and communities that provide necessary infrastructure.
• Secondary stakeholders do not typically engage in transactions with a company and thus are not essential for its survival; these include the media, trade associations, and special interest groups.
• Customers are considered as the king to drive the market and they can sometimes exercise influence by consolidating their bargaining power in order to get lower prices.
• The lenders put a check and balance on the governance practices of an organization to ensure safety of their fund and as a societal responsibility.
• The organization which builds a mutually strong relationship with its vendors improves its overall performance in the marketplace.
• The society provides the desired climate for successful operation of a company business. If society turns against the company, then business lose its faith in the eyes of other stakeholders be it government or customer.
Notes of Module 5 Corporate Governance
Content
Concept of Corporate Governance
Corporate Governance in India
Objective of Corporate Governance
Features of Corporate Governance
Elements of Corporate Governance
Importance of Corporate Governance
Important Issues in Corporate Governance
Corporate Governance and Agency Theory
Reforming Board of Directors
*Birla Committee
*Naresh Candra Committee
*Narayana Murthy Committee
Bibliography
www.google.com
related materials
The influence of managerial ownership,institutional ownership and voluntaryd...inventionjournals
International Journal of Business and Management Invention (IJBMI) is an international journal intended for professionals and researchers in all fields of Business and Management. IJBMI publishes research articles and reviews within the whole field Business and Management, new teaching methods, assessment, validation and the impact of new technologies and it will continue to provide information on the latest trends and developments in this ever-expanding subject. The publications of papers are selected through double peer reviewed to ensure originality, relevance, and readability. The articles published in our journal can be accessed online.
Corporate human rights reporting- why and what's needed? Ardea International
This presentation provides a short guide on human rights issues and reporting considerations for all companies. The Companies Act 2006 (Strategic Report and Directors' Report) Regulations 2013 will require listed companies to report on human rights issues. Do organisations know what they should include in their reports. Do they know how to address complicity? What about organisations that are not listed or not based in the UK ?
This presentation by Jocelyn Martel, Professor ESSEC, was made during the discussion “Barriers to exit” held at the 132nd meeting of the OECD Competition Committee on 4 December 2019. More papers and presentations on the topic can be found at oe.cd/bte.
Notes of Module 5 Corporate Governance
Content
Concept of Corporate Governance
Corporate Governance in India
Objective of Corporate Governance
Features of Corporate Governance
Elements of Corporate Governance
Importance of Corporate Governance
Important Issues in Corporate Governance
Corporate Governance and Agency Theory
Reforming Board of Directors
*Birla Committee
*Naresh Candra Committee
*Narayana Murthy Committee
Bibliography
www.google.com
related materials
The influence of managerial ownership,institutional ownership and voluntaryd...inventionjournals
International Journal of Business and Management Invention (IJBMI) is an international journal intended for professionals and researchers in all fields of Business and Management. IJBMI publishes research articles and reviews within the whole field Business and Management, new teaching methods, assessment, validation and the impact of new technologies and it will continue to provide information on the latest trends and developments in this ever-expanding subject. The publications of papers are selected through double peer reviewed to ensure originality, relevance, and readability. The articles published in our journal can be accessed online.
Corporate human rights reporting- why and what's needed? Ardea International
This presentation provides a short guide on human rights issues and reporting considerations for all companies. The Companies Act 2006 (Strategic Report and Directors' Report) Regulations 2013 will require listed companies to report on human rights issues. Do organisations know what they should include in their reports. Do they know how to address complicity? What about organisations that are not listed or not based in the UK ?
This presentation by Jocelyn Martel, Professor ESSEC, was made during the discussion “Barriers to exit” held at the 132nd meeting of the OECD Competition Committee on 4 December 2019. More papers and presentations on the topic can be found at oe.cd/bte.
Certainly, I aim to provide a comprehensive understanding of the business environment, as well as strategies for business growth. In this article, we will delve into the precise meaning and core components of the business environment. We will also discuss its significance and the profound influence it wields on organizations.
By the end of this article, you will ideally have a firm grasp of this dynamic and multifaceted concept, eliminating the need for repetitive searches. The business environment is a complex concept characterized by various facets that collectively mold the operational landscape for organizations.
In 2024, its significance is underscored by its influence on business strategies and decision-making. The types of business environment encompass the macro environment, characterized by external factors like economic, political, technological, and socio-cultural influences. The microenvironment, on the other hand.
The business environment refers to the external factors and conditions influencing an organization's operations, performance, and decision-making. It includes a wide range of elements, both tangible and intangible, that can impact a company's ability to achieve its goals and objectives.
Businesses must continuously monitor and adapt to changes in the business environment to remain competitive and achieve their objectives. Failure to do so can lead to missed opportunities or decreased risk factors. Analyzing and understanding these external and internal factors is a fundamental aspect of strategic management and business planning.
Importance of Business Environment
Strategic Decision-Making: It guides businesses in making informed decisions, allowing them to align strategies with external realities.
Risk Management: A thorough understanding helps identify and mitigate risks, reducing potential negative impacts.
Opportunity Identification: Businesses can seize opportunities arising from changes in the environment, such as new market trends or emerging technologies.
Adaptation: It enables organizations to adapt to evolving circumstances, maintain competitiveness, and drive innovation.
Compliance: Understanding the legal and regulatory environment ensures that businesses operate within the confines of the law.
Generative AI for Compliance is a transformative technology reshaping regulatory adherence. This cutting-edge solution leverages artificial intelligence for real-time monitoring, adaptive frameworks, enhanced data security, and streamlined reporting. With its ability to dynamically adapt to evolving regulations, this innovation ensures organizations stay compliant in the fast-paced regulatory landscape, marking a paradigm shift in how businesses approach and manage compliance challenges.
Promoting and Enabling Responsible Business ConductEthical Sector
On 5 July, Myanmar Centre for Responsible Business (MCRB) together with the Directorate of Investment and Companies Administration (DICA) and the Organisation for Economic Co-operation and Development (OECD) held the inaugural event for a new series of Responsible Business Seminars.
Read more: http://www.myanmar-responsiblebusiness.org/news/seminar-series-due-diligence.html
A fantastic PPT on Business Environment. It gives the complete understanding of the concept of the Business Environment, its features, significance and its impact on the Indian Businesses. It also gives a description of LPG Policy 1991 and its impact. You will also find a concept of Demonetiszation.
Slideshareersion strategic report regulations guidance for companies and inv...Ardea International
Environmental, social governance issues have financial implications on how companies recognise, diagnose, manage and disclose their information. The legal and investor angle is discussed, together with how to diagnose the financial risk
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
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
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