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SEC Press Release provides Compliance Checklist for Corporations

Harvard Corporate Governance

billion in penalties in enforcement actions in 2022, nearly three times the figure in 2021. Increasingly, as part of settlements, the commission has insisted that companies retain an independent compliance consultant who will report back to the staff of the SEC’s Division of Enforcement on compliance-related undertakings.

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Fortune 500 General Counsel Report

Harvard Corporate Governance

In 2021, 59 Fortune 500 companies appointed new General Counsels. In comparison to previously hired Fortune 500 General Counsels, those appointed in 2021 are more likely to: Be female and ethnically diverse. General Counsels appointed in 2021 are more diverse. This post is based on their Russell Reynolds memorandum.

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Ten Thoughts on the SEC’s Proposed Climate Disclosure Rules

Harvard Corporate Governance

We also provide our views on where the rules fit into governance, compliance and disclosure more broadly. More recently, with the January 2021 change-over in administration and the resulting shift in rulemaking philosophy, climate disclosure has been an area of increasing SEC focus. A Bit of Background and the Broader Context.

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SEC 2022 Examination Priorities

Harvard Corporate Governance

Fiscal Year 2021 Highlights. In FY 2021, the Division completed 3,040 examinations, which represent a 3% increase from the prior year, and is on par with prepandemic fiscal year 2019. Importance of Compliance Programs. The SEC highlighted some key metrics from the prior fiscal year.

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How Gold Medal Boards Prioritize Their Time

Harvard Corporate Governance

There was substantial movement between 2019 and 2022—no surprise, given the significant upheaval and challenges companies faced in 2020 and 2021. As we wrote in Harvard Business Review in 2020, “Reviewing financial statements, audit activities, and compliance activities are the responsibility of the board, not the mission of the board.

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Extension of 2020-2021 USPAP

ISA

As a reminder, your appraisal reports are written to the current published edition of USPAP, which is the 2020-2021 edition. For those members who last attended USPAP in 2021, you will need to take the 2022-2023 7-Hour Update Course by the end of 2023. Remember that the Update Course is no longer tied to a USPAP manual update.

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DOL Issues 2021 Adjusted Penalty Amounts

ThomsonReuters

Department of Labor Federal Civil Penalties Inflation Adjustment Act Annual Adjustments for 2021, 86 Fed. The DOL has announced the 2021 annual adjustments to the civil monetary penalties for a wide range of benefit-related violations. EBIA Comment: These penalties cover a wide range of benefit plan compliance failures.