A search for the chief compliance officer should be based on the following factors!
A compliance officer is critical for the smooth and effective working of
an enterprise. In such a scenario, a company might wonder how they can conduct a Chief Compliance Officer Search effectively.
However, it is extremely important to find a compliance officer who is a good
fit for the company, is loyal, trustworthy, and who follows the brief of good
corporate governance to the T. One might wonder, what are the factors that
someone should look out for, before choosing a chief compliance officer? Here
are some of the main factors that should be considered before selecting a
compliance officer.
- Ensure
that they are fully aware of the regulatory framework: One of the main functions of a chief
compliance officer is to ensure that the company complies with the overall
regulatory framework of the governing authorities. For instance, in India,
one has the SEBI (or the Securities Exchange Board of India), and in the
USA, companies are governed by the US SEC (Securities Exchange
Commission). Similarly, various regions and countries around the world
have a governing authority and a regulatory framework. One of the most
important tasks entrusted with the compliance officer is to ensure that
the company aligns with the compliance requirements put into force by
these regulating authorities. The compliance officer should make sure all
the rules, regulations, and laws put in force must be followed.
- Ensuring
timely disclosures: Usually,
a compliance officer, jointly with the auditor of the company is
responsible for making adequate and timely disclosures per law. These
disclosures can range from anything such as risk disclosures to
annual/quarterly/bi-annual disclosures of financial statements. Not
disclosing mandatory disclosures per law can put the company in
significant jeopardy. Therefore, a chief compliance officer must keep this
in mind and ensure that the required disclosures are made in the format
that they are required to be made, and promptly.
- Must
be able to provide advice to the company: There are many aspects in which a good chief compliance officer usually has substantial expertise in. Some of these factors
include how to minimize risks and maximize margins, ensuring that the
business is carried out effectively, helping the company meet the
requisite business objectives, as well as ensuring that the company works
per the requisite regulatory framework. They also have to interact
effectively with both the lower levels as well as the higher levels of
management to ensure that the company is working on the same
page.
Therefore, due to all of these reasons, a chief compliance officer is a necessary
and requisite part of any corporate company. Not only do they help the company
work smoothly, but they also help with the legal and regulatory aspects of the
company, and ensure that the necessary compliances and disclosures are made
effectively and well within time.
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