An effective compliance program is the best insurance with respect to corporate risk. A successful compliance program has several features: policies and procedures that reflect current legal and regulatory requirements; systems and processes to implement and monitor compliance with corporate policies; regular reviews to determine potential vulnerabilities; and active involvement of corporate management in overseeing compliance and correcting problems in a timely manner.
Corporate Risk Advisors can assist senior management and corporate counsel in evaluating the adequacy of all aspects of a company's compliance program and developing effective remedial measures if necessary. Because of our familiarity with business practices in the financial services industry and our extensive expertise in reviewing compliance programs, Corporate Risk Advisors is able to bring to any compliance review proven methods and tools that are tailored on a risk-basis to address potential exposure arising from regulatory examinations, government enforcement actions, litigation, or publicized inquiries by advocacy organizations. Corporate Risk Advisors accomplishes its reviews using a team of knowledgeable and experienced legal and compliance experts, many of whom are former government regulatory examiners.
While we are often called upon to assist companies in reviewing their own compliance programs, corporations also turn to Corporate Risk Advisors professionals to assist in evaluating the risks embedded in companies that are targets for acquisition. This due diligence function is performed in coordination with corporate counsel and outside legal advisors who are assisting with the acquisition. Because of the sensitivity of the subject matter, Corporate Risk Advisors is accustomed to working with legal counsel to create privileged reports and analyses.
The laws and regulations that Corporate Risk Advisors has addressed in compliance reviews include:
- Real Estate Settlement Procedures Act (RESPA)
- Truth-In-Lending Act (TILA)
- Home Mortgage Disclosure Act (HMDA) and related Fair Lending Laws
- Home Owners Equity Protection Act (HOEPA) and State Anti-Predatory Lending Laws
- Community Reinvestment Act (Corporate Risk Advisors)
- Fair Credit Reporting Act (FCorporate Risk Advisors)
- Gramm-Leach-Bliley (GLB) and State Privacy Acts
- Anti-Money Laundering and the Bank Secrecy Act (AML/BSA)
- Sarbanes-Oxley Act (SOX) Compliance
- State Usury and Loan Fee Limitations
- Licensing and State Operational Compliance
- SEC Record Keeping Requirements
- Data Security
For further information about our Regulatory Compliance and Due Diligence services, please contact us.