COMPLIANCE AND LEGAL RISK || TRAINER ANIL MAURYA
Compliance And Legal Risk। Trainer Anil Maurya
Objective
- To minimise the compliance and legal risk
Key Learning
1. When does compliance risk arises?
Compliance risk arises due to:
- Breach of internal & external regulations
- Breach of contracts
- Breach of laws
2. Key points of compliance & legal risk
- Applicable laws
- Companies act
- Trust
- Income tax
- FSSAI (Food safety and standards act)
- Drug license
- Applicable penalties
- Imprisonment
- Fine
- Appear before magistrate
- Obligations under a contract
- Quarterly budget
- Actuals
- Returns
- Tax
- Risk rating
- CRISIL
- CARE
- ICRA
- Compliance status
3. Impact of compliance risk
(i.) Legal impact
- Fine
- Imprisonment
- Product seizures
- Penalties
Legal impact arises when you ignore laws thinking that related ministry is also ignorant about the same.
For example:
- In the year 2017, the Ministry of corporate affairs strike off around 2,00,000 companies nationwide because these companies failed in legal compliance.
- This hampered the business operations wherein owners had to put efforts and time in the court of law.
(ii.) Financial aspect
- Profit & loss account
- Loss of investor confidence
- Share prices
- Potential future earnings
It affects the business financially when the business owners invest time and effort in handling legal aspects.
Also, when the information regarding legal issues is spread in the market, profit and share prices fall.
For example:
- Some years ago, Maggi had to face legal issues as the brand was accused of using excessive chemicals in their product.
- As a result, the entire stock had to recollect from the market and it was not allowed to sell this stock again.
- So, the competitors gain the market share of Maggi such as Yippee noodles, Patanjali noodles, etc.
(iii.) Reputational impact
- Affects customer perception
- Decreases employee confidence & customer trust
For example:
- Maggi's case affected the reputation of Nestle brand in India.
- The business came to the position of standstill due to non-compliance with rules.
4. Compliance & legal risk – Mitigation
- Track compliance cost
- Monthly
- Quarterly
- Yearly
- Build a dedicated compliance team
- Update documents according to law amendments
For example:
- During Covid 19, many companies were not working or working only on 50% of staff.
- The government realised the situation and it amended the provision of holding annual AGM from 30 Sept to 31 Dec.
Thus, you should follow all the points to avoid compliance risks in your business.
Key Outcomes of the Video
- Build a dedicated compliance team to handle compliance risk
- Track compliance costs regularly to avoid compliance risk
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