Compliance Management for Public, Private, or Non-Profit Organizations

by Silverman, Michael

• ISBN13: 9780071496407
• ISBN10: 0071496408
• Edition: 1st
• Format: Hardcover
• Copyright: 2008-04-08
• Publisher: McGraw-Hill Education

Summary

You can turn to this expert guide for the strategies and techniques needed to establish, manage, and improve the compliance function within your organization. The author offers practical advice on compliance goals and plans, compliance-related technology and systems, compliance education and training programs, whistle-blowing programs, staffing and budgeting requirements, and much more.

Author Biography

Michael G. Silverman heads a consulting practice that helps organizations manage risk and compliance, corporate ethics, and corporate governance. He is also on the faculties of Columbia University's School of International and Public Affairs and at the Financial Industry RegulatoryAuthority, the largest non-governmentalregulator for all securities firms doingbusiness in the United States.

Table of Contents

Acknowledgments	p. xiii
Introduction	p. xv
Setting the Context
The Expanded Focus on Compliance	p. 3
The Forces at Work	p. 5
The Judiciary	p. 6
The Legislative Response	p. 10
The Expanding Role of Federal Agencies	p. 12
State Governments	p. 17
Government Examines Its Own Operations	p. 18
The Nonprofit Sector	p. 19
Private-Sector Oversight	p. 21
Corporate Social Responsibility	p. 21
Shareholders and NGOs	p. 22
Global Telecommunications and the Internet	p. 27
Summary	p. 28
The Mandate for Compliance	p. 31
Regulatory Compliance	p. 33
Internal Corporate Compliance Systems	p. 37
The Private Sector and Organizational Compliance	p. 39
The Nonprofit Sector	p. 47
The Public Sector	p. 50
Summary	p. 52
The Foundations of Compliance
Compliance and Ethics: Challenges and Approaches	p. 55
Intertwined but Not Interchangeable Concepts	p. 56
Motivations for Compliance	p. 57
Barriers to Compliance	p. 59
The Organization's Cultural Framework	p. 61
Rules versus Integrity	p. 63
Corporate Codes of Conduct	p. 64
Creating an Ethical Culture: The Linchpin	p. 70
Nonprofit Organizations	p. 72
Public Sector	p. 74
Summary	p. 75
Leadership and Culture: The Foundations of Compliance	p. 77
The Legal and Regulatory Underpinnings	p. 79
Self-Regulatory Organizations: New York Stock Exchange	p. 84
Boards of Directors	p. 85
Nonprofit Organizations	p. 92
Senior Management	p. 96
Public-Sector Organizations	p. 99
Summary	p. 101
The Modern Compliance Organization
Managing Compliance: Goals and Structure	p. 105
Designing the Compliance Program	p. 106
Government and Regulators' Guidance	p. 108
The Compliance Program Charter	p. 110
Features of a Modern Compliance Program	p. 113
The Compliance Structure	p. 116
Outsourcing Compliance	p. 124
Coordinating the Compliance Program	p. 127
Staffing the Compliance Program	p. 131
The Role of the Chief Compliance Officer	p. 134
Budgeting for the Compliance Program	p. 141
Small and Medium-Sized Organizations	p. 144
Summary	p. 149
Policies, Communication, and Training	p. 151
Policies and Procedures	p. 151
Communication	p. 158
Training	p. 161
Summary	p. 173
Hotlines, Whistle-Blowers, and Investigations	p. 175
Whistle-Blowing Programs	p. 175
Instituting a Whistle-Blowing Program	p. 179
Managing Information	p. 187
Tracking Inquiries	p. 188
International Operations	p. 189
Related Issues	p. 189
Conducting Investigations	p. 191
Summary	p. 197
Information and Technology: Challenges and Tools for Compliance	p. 199
Federal Regulatory Requirements	p. 200
State Regulatory Requirements	p. 201
International Requirements	p. 201
Technology Standards	p. 202
The Challenge of Multiple Regulations	p. 202
Creating a Multidimensional Compliance Framework	p. 204
Privacy and Information Security	p. 206
Third-Party Relationships and Outsourcing	p. 211
Compliance Technology Tools	p. 211
Education, Communication, and Training	p. 213
Summary	p. 214
Compliance and Oversight: Risk, Monitoring, Audits, and Regulators	p. 215
Compliance Risk	p. 215
Regulatory Requirements	p. 216
Standards-Setting Organizations	p. 218
Governance and Compliance Risk	p. 219
Compliance Risk Assessment Process	p. 221
Compliance Monitoring and Audits	p. 235
Regulators	p. 243
Summary	p. 245
Compliance and Controls	p. 247
Government Regulations	p. 248
Internal Control Regulation and the Public Sector	p. 251
Self-Regulatory Organizations: New York Stock Exchange	p. 251
Standards Setting Organizations: Committee of Sponsoring Organizations of the Treadway Commission	p. 252
The Internal Control Program	p. 258
Summary	p. 264
Evaluating Compliance	p. 267
Criteria for Compliance Effectiveness	p. 269
The Need for Evaluation	p. 271
Techniques for Evaluating Compliance	p. 271
Assessing Compliance Effectiveness	p. 272
Postevaluation Actions	p. 283
Summary	p. 284
The Future of Compliance
Compliance, Going Forward	p. 287
Brief Retrospective	p. 288
A Profession with Growing Pains	p. 288
At the Crossroads	p. 289
The Road Ahead	p. 294
Resources	p. 295
Index	p. 299
Table of Contents provided by Ingram. All Rights Reserved.