| Governance element |
Principle/s |
Summary recommendation/s |
Difference to King II |
|---|---|---|---|
| Chapter 6. Compliance with laws, rules, codes and standards |
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| 6.1. The board should ensure that the company complies with applicable laws and considers adherence to non-binding rules, codes and standards |
A strongly linked ethical responsibility that must be demonstrated and disclosed – including the extent of adoption of non-binding rules and standards. |
The board is now to ensure legal and regulatory compliance as part of its risk management and internal control activities. |
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| 6.2. The board and each individual director should have a working understanding of the effect of the applicable laws, rules, codes and standards on the company and its business |
The board must ensure that the applicable laws (and changes thereto) are identified and understood. |
As above |
|
| 6.3. Compliance should form an integral part of the company’s risk management process |
A systematic risk management approach to compliance is recommended, understanding that compliance is compulsory. |
As above |
|
| 6.4. The board should delegate to management the implementation of an effective compliance framework and processes |
A legal compliance policy should be established and monitored. Compliance should be achieved through integration with business/organisational processes, ethics and culture. Disclosure is required as to how effectively compliance has been achieved and of significant fines and penalties paid. A delegated compliance function/officer is recommended. |
As above |
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