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Inside Internal Controls

News and discussion on implementing risk management

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Corporate Governance

CCAA and BIA amendments to come into force November 1, 2019

Bill C-97 including certain proposed amendments to the Bankruptcy and Insolvency Act (BIA) and the Companies’ Creditors Arrangement Act (CCAA) received Royal Assent on June 21, 2019.

 

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How to assess the effectiveness of risk management

Internal auditors are expected, according to the IIA Standards and some governance codes, to assess the effectiveness of risk management.

 

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Revenue cycle risks and controls: Essential questions you should ask about your company’s sales and receivables

The importance of finance and accounting controls goes far beyond complying with legal requirements. In fact, revenue cycle controls are perhaps the most important component of an organization’s overall internal control framework! Not only are revenue cycle controls an organization’s strongest defense against fraud and loss, they help ensure that decisions are made based on […]

 

Blockchain company and CEO to pay over $1M for misleading investors

The OSC has approved a settlement agreement with NextBlock Global Limited and its founder and CEO, Alex Tapscott, in connection with misleading statements made to prospective investors in 2017.

 

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Elevating internal audit’s role

For many years, PwC has shared with us their view of the State of the Internal Audit Profession. They have some useful words, but it is mixed in with an agenda with which I don’t totally agree. I will come to that later. But first, the good stuff:

 

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My organization’s code of conduct is good – How can I make it great?

Competition law

If your code of conduct isn’t a document you’re proud to share with your employees, customers, board and C-suite—or if your organization has recently had a big change (merger or acquisition, a change in leadership or other significant shift) that requires a code of conduct refresh—you have an opportunity to take your code of conduct from good to great.

 

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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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Blockchain: Just because it’s a buzzword doesn’t mean it’s not the future of the supply chain

In the 2018 contaminated lettuce incident, what if it had been possible to trace the exact path of each shipment of lettuce and then remove from the marketplace only those products that could reasonably have been affected? With blockchain, that would have been possible.

 

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Overseas claims for foreign environmental harm: Vedanta and the Canadian context

Last month, in Vedanta Resources PLC & Another v. Lungowe & Others, the UK Supreme Court allowed Zambian citizens to proceed with a claim in the UK against a UK-based mining company for environmental contamination allegedly caused by its Zambian subsidiary. As our colleague Lee McBride has recently written, this landmark decision will be of particular interest to multinational parent companies headquartered in the UK.

 

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An ounce of prevention

As lawyers, we are often contacted when a dispute arises amongst members of an association. Inevitably, the dispute will devolve into a review of the legality of the actions of one or both sides

 

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How to draft exclusive vs. non-exclusive jurisdiction clauses

Learn why you need to review your contracts and advocacy practices with Not-for-Profit PolicyPro

Non-exclusive jurisdiction clauses identify a jurisdiction that the parties agree may hear their disputes but accept that, in the appropriate circumstances, courts in other jurisdictions may have jurisdiction over a dispute.

 

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Sports and recreation: Risk mitigation and occupiers’ liability

In Ontario, the occupiers’ duties towards people who access their premises is governed by the Occupiers’ Liability Act (“OLA”). The OLA defines an “occupier” as:

 

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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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Effective monitoring of internal controls is critical

If the most serious internal control violation is a failure to implement internal controls in the first place, the failure to monitor existing internal controls is a close contender. Identify where in the organization effective monitoring occurs and leverage those successes.

 

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