Share on LinkedInShare on LinkedIn

ARTICLE · 01 JULY 2014

Effective Compliance Program Could Have Enforcement Payoff

An effective corporate compliance program may temper a Securities and Exchange Commission enforcement action, or limit the penalties imposed.

United StatesCorporate/Commercial Law

An effective corporate compliance program may temper a Securities and Exchange Commission enforcement action, or – if there is an enforcement action – limit the penalties imposed. See http://www.sec.gov/News/Speech/Detail/Speech/1370539872783#.UlbOPVOHiJR .

Agency enforcers make judgments every day regarding the entities and individuals under investigation, and companies that demonstrate an effective compliance program and a genuine commitment to ethical principles benefit. The SEC also considers a company's compliance program as a factor in charging decisions. For example, a strong compliance program makes it less likely that the parent company will be charged over a subsidiary's misconduct for acts of a subsidiary. Effective compliance programs also catch misconduct early, demonstrating adequacy.

In sum, proper and effective compliance is like vitamin C, keeps the doctor, or in this case, the SEC away.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

See more popular content from