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Inside Internal Controls

News and discussion on implementing risk management

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Fraud and Corruption

Insight into effective risk management

I need to draw your attention to a provocative piece by his firm (presumably by him): The risks of risk management. (My thanks go to Tim Leech for tweeting about it.)

 

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CEOs are not idiots when it comes to risk management

If you consider the small number of organizations where risk management is considered as providing a strategic advantage, one of these alternatives must be true:

 

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Dramatic changes to the CRA Charities Listing

CRA has recently updated its Charities Listing and the most notable change is the fact that they have reduced the amount of information available on each Canadian registered charity.

 

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IIROC Releases its annual Enforcement Report for 2018

Earlier this month, the Investment Industry Regulatory Organization of Canada (“IIROC”) published its annual Enforcement Report for 2018 (the “Report”), highlighting its enforcement/discipline activities over the course of 2018.

 

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Anti-money laundering considerations in cannabis finance

While the right financing structure can be a critical advantage to any cannabis-related business, it is also important to remember that there are legal considerations involved, including in respect of anti-money laundering (AML) matters.

 

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Fraud and knowing assistance: The Supreme Court of Canada weighs in

Fraud continues to be an issue faced by businesses and individuals in Canada and internationally. In asset recovery, the equitable doctrine of knowing assistance is often used to catch those who were not involved in the fraud but had actual knowledge of it.

 

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Time (again and still) for the IIA Standards to be correct

Internal audit can assist management by facilitating a fraud risk assessment. Management should make the decision both on the level of risk and whether it is acceptable. Internal audit can provide their opinion and advice on both.

 

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The corporate identification doctrine clarified through an intervention in the Supreme Court of Canada

A corporation is of course an abstract entity. It is a legal person, but can only act through human beings. Certain causes of action, such as fraud or knowing assistance of a breach of trust, have a knowledge requirement: the defendant can only be held liable if he or she – or it, in the case of a corporation – has knowledge of certain facts. How can a corporation be held liable for having certain knowledge if it has no brain to possess that knowledge?

 

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The Financial Services Regulatory Authority of Ontario

Effective June 8, 2019, the Ontario government launched the Financial Services Regulatory Authority of Ontario (FSRA), which is a new independent and self-funded regulator of financial services and pensions that is intended to help reduce regulatory burden, among other things.

 

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Beyond due diligence: Ongoing third party risk management

There is something in a name. More people in the compliance industry, when referring to third-party due diligence, are labeling it “Third Party Risk Management.” I like it because it is more accurate.

 

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Bad investing advice and promissory notes: When can you sue and why

Any combination of stressful circumstances, a high degree of trust, inexperience or internet expertise replacing real expert advice might result in a person ignoring a clear warning sign that they are about to enter less than prudent contractual relations or make a poor investing decision.

 

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Proposed changes to anti-corruption rules for federal government procurement and real estate leasing

The federal government’s rules around the integrity of the procurement process also apply to real estate, in particular, the possibility that leases with the federal crown as tenant can be terminated for breach of anti-corruption provisions.

 

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Good faith in insurance dealings: A two way street

It is commonly known that contracts of insurance are contracts of utmost good faith, requiring the parties to deal with each other fairly and in good faith.

 

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SWIFT publishes cybersecurity counterparty risk guidelines

On February 15, 2019, the Society for Worldwide Interbank Financial Telecommunication (“SWIFT”) published guidelines for assessing cybersecurity counterparty risk for financial institutions (the “Guidelines”).

 

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Whistleblower, hacker, or both? How the Rui Pinto Case can be applied to corporate compliance officers

Rui Pinto was arrested in January by authorities in Budapest on suspicions of illegally hacking emails about European soccer clubs and providing them to the Football Leaks website.

 

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