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Compliance Assessments

By Robert Barker and Carol Newman
July 28, 2005

In the brave new world following the passage of the Sarbanes-Oxley Act of 2002 (SOX) ( Pub. L. 107-204 (2002), 116 Stat. 745), companies are struggling to meet the challenge of developing effective compliance programs. Many of these companies are diligently working with in-house counsel, external counsel, and internal audit and compliance departments to develop compliance programs that demonstrate a strengthened commitment to implementing best business practices, in order to realize the corporate “culture of compliance” contemplated by the Federal Sentencing Guidelines. Focusing on compliance not only meets good corporate governance practices and satisfies other corporate housekeeping needs, but also helps management prove to itself and its board of directors that the management team really does know what is going on within the company. In addition, proactive directors are using compliance assessments to demonstrate that they have satisfied their obligations as directors – under the Sentencing Guidelines and under developing standards of due care. In each case, the challenge is how to develop and implement an effective compliance and ethics program.

What Is Motivating the Drive for New Compliance Assessments?

Converging demands from several sources have made it urgent to develop better compliance assessment techniques than those that have been used in the past. A first step for all companies is to assess the effectiveness of the procedures that are currently in place, but current assessments must focus on current requirements.

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