Governance element
Principle/s
Summary recommendation/s
Difference to King II
Chapter 6. Compliance with laws, rules, codes and standards
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.
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