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Corporate Governance

Regulatory matters

A board director recently asked a Washington regulator, “We are already investing extraordinary amounts in order to comply with government regulation. Just how much is enough?”

In the wake of the global economic crisis, G-20 nations worked to stabilize and stimulate their economies and repair the global financial system through government intervention and financial regulation. The G-20 has also adopted a broader policy agenda that includes anti-corruption efforts, energy security, and climate change, as well as efforts to integrate global accounting standards.

Across the industry spectrum, directors worry about what some call “regulatory risk.” For example:

  • Companies doing business in the United States now have to worry about more aggressive enforcement from the SEC and DOJ, new whistleblower rules that undermine corporate compliance programs, and more greenhouse gas and other environmental rules from the EPA.
  • Companies doing business in the UK and Europe face the UK Bribery Act 2011, the possibility that the European Parliament may pass laws seeking to change the dynamics of and regulate the audit market, and an EU emissions trading scheme and revised Waste Framework Directive that force companies to address their environmental impact.

Tapestry’s corporate governance networks provide board directors with a unique opportunity to engage with government officials and regulators to discuss increased government intervention and how to respond. Engagement benefits both parties: government officials are able to better understand the views of directors; and directors are able to ask questions about how their companies can work effectively with regulators, what is considered best practice, and how boards should adapt their oversight.

Explore this issue:

  • Audit committee perspectives on the European Commission’s green papers

    Members suggested that many of the corporate governance issues raised by the Commission could be dealt with by articulating the specific responsibilities and required composition of independent board committees for audit, remuneration, and nomination.

  • Audit committee perspectives on the PCAOB

    The Public Committee Accounting Oversight Board (PCAOB) could improve the audit by identifying best practices, helping auditors and audit committees.  The regulator was urged to consider unintended consequences as it develops standards on issues such as the disclosures in the auditor’s report.

  • SEC issues for audit and compensation committees

    Members of the Audit Committee Leadership Network in North America (ACLN) and the Compensation Committee Leadership Network met jointly with Meredith Cross, director of the Division of Corporation Finance of the Securities and Exchange Commission to explore a range of topics related to Dodd-Frank Act rules.

  • Regulatory change is driving audit committee agendas

    Audit committee agendas are expanding to provide enhanced oversight of issues such as accounting and tax changes, as well as increased environmental, antitrust, and other compliance risks.

  • The future of financial regulation: a discussion with the chairman of the AMF

    In this discussion with Jean-Pierre Jouyet, the chairman of the Autorité des marchés financiers (AMF), which regulates the French financial markets, audit chairs discuss efforts to stabilize the financial markets and system during the financial crisis.

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