appropriate authority and direct access to the governing authority or an appropriate subgroup of the governing authority (§8B2.1(b) (2) (C)). 8 Implementation of Organizational Structure [to be revised appropriately]
Effective Compliance and Ethics Programs for the Small Law Department – Doing More With Less Copyright © 2010 Corpedia, Inc., and Association of Corporate Counsel 54 9 Program Must Have Adequate Resources Guidelines Require Individuals responsible for day-to-day operations must have adequate resources . . ..(§8B2.1(b) (2) (C)). Implementation • Budget for Program for last year: $_____ • Staffing for Program for last year: ______ • Budget for Program this year: ______ • Staffing for Program this year: ______ 10 Compliance Standards and Procedures Guidelines Require “The organization shall establish standards and procedures [standards of conduct and internal controls] designed to prevent and detect [misconduct].” (§8B2.1 (b) (1)). Implementation • [to be supplied—discussing code of conduct, policies etc.]
For more ACC InfoPAKs, please visit 55 11 Compliance Training Guidelines Requirements “The organization shall take reasonable steps to communicate periodically and in a practical manner its standards and procedures, and other aspects of the compliance and ethics program, to [the Board, high level personnel, substantial authority personnel, the company’s employees, and as appropriate, the company’s agents] by conducting effective training programs and otherwise disseminating information appropriate to such individual’s respective roles and responsibilities.” (§8B2.1(b) (4) (A)). 12 Compliance Training (continued) Implementation • [to be supplied—identifying training courses, when given, who took them (by category), what is to be provided in the future etc. ]
Effective Compliance and Ethics Programs for the Small Law Department – Doing More With Less Copyright © 2010 Corpedia, Inc., and Association of Corporate Counsel 56 13 Hotline Guidelines Require “The organization shall take reasonable steps---(C) to have and publicize a system, which may include mechanisms that allow for anonymity or confidentiality, whereby the organization’s employees and agents may report or seek guidance regarding potential or actual [misconduct] without fear of retaliation.” (8B2.1(b)(5)(C)). Sarbanes-Oxley imposes similar requirements . Implementation • [to be supplied] 14 Carrots & Sticks Guidelines Require “The organization’s compliance and ethics program shall be promoted and enforced consistently throughout the organization through (A) appropriate incentives to perform in accordance with the compliance and ethics program; and (B) appropriate disciplinary measures for engaging in [misconduct] and for failing to take reasonable steps to prevent or detect [misconduct].” (§8B2.1(b)(6)).
- Fall '15
- ........., Compliance and ethics program, Small Law Department