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Corporate Governance & Compliance Practice
Corporate Governance & Compliance Practice Definition
Corporate governance covers a wide range of issues related to the control and direction of a company with the view to reach and maintain the optimal balance between the rights of investors and management team. It implies on-going mutual cooperation between the managing bodies and executives of a company and effective control over the management performance.
Corporate administration procures the balance of interests between minority and majority shareholders, leads to the transparency of the decision making process. It can be achieved via organization of a proper structure and composition of the managing bodies, establishment of an effective reporting system at all management levels, introduction of the internal control procedures, as well as elaboration of policies and rules for the approval and monitoring of certain operations and transactions.
Strong corporate governance contributes to the company’s capitalization: investments into legal entities with high corporate standards are less risky and investors are ready to pay premium for business if their interests are properly protected against abuses from the management or majority shareholders. Such companies are also more attractive for the lending institutions - they may accumulate lending capital at a lower cost.
Compliance system is an integral part of the corporate governance. Compliance officers permanently monitor the company’s operations and transactions and ensure that they are in line with the regulatory requirements, the resolutions of the corporate managing bodies, and the company’s covenants before investors, banks, and creditors. In public companies, compliance team checks the adhering to disclosure rules and listing requirements.
Only joint efforts and work of the shareholders, board members, management, in-house and external counsels allow for the creation of a solid corporate governance structure and compliance system. Lawyers specialized in this practice area shall be capable of elaborating the best standards tailored for the particular company. They shall also input to the effective system’s operation without hampering the ordinary course of business in the respective company. Finally, a legal counsel helps executives to prevent wrongdoing and to manage it adequately when it happens.
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