View this site in : 
     |
Home    |

Press Room   |

   Partners     |
Careers  |
Contact Us
SOLUTIONS FOR BUSINESS PROCESS & DOCUMENT MANAGEMENT

PRODUCTS
OmniFlow
OmniDocs
OmniScan
Distributed Capture Solution
OmniExtract
OmniReports
Smart Statements
Cheque Truncation System
OmniCompliance
OmniOMS (O2MS)
 
OMNICOMPLIANCE
  OmniCompliance Brochure
  Solution Features
  FAQs
  Recent News
  Recent Article
   
   
 
   
Omni Compliance-
FAQs
 
 
1.

What is compliance?

2.

What is a compliance solution?

3.

Why is compliance solution necessary for a business?

4.

How soon do you need a compliance solution?

5.

What are the various regulatory acts for compliance in India and abroad?

6.

What should a compliance solution essentially contain?

7.

What is the role of Independent Directors regarding Compliance?

8.

What is Newgen Compliance Manager?

9.

How is a compliance tool, for example, Newgen Compliance Manager, uniquely positioned to assist companies comply with Clause 49.

10.

How does such a tool help attract Independent Directors?

11.

What are the costs if an organization chooses not to use a Compliance Tool?

12.

What are the main issues addressed by Newgen Compliance Manager?

13.

What are the components of Newgen Compliance Manager?

1. What is compliance?

In recent past, there have been a large number of cases of corporate fraud such as Enron. These frauds have eroded investors’ wealth within days. To ensure that all financial reporting is done properly and businesses remain aware of the health of their processes, risks and associated controls, regulatory acts have been framed. Corporate Governance measures, Risk Assessment / mitigation by applying controls and complying with the laws of the land including the guidelines laid down by these regulatory acts is referred to as Compliance – commonly known as Governance Risk Management and Compliance (GRC).
Top
2. What is a compliance solution?
A tool, which helps companies comply with mandatory guidelines of various regulatory acts, is a Compliance solution. Essentially, a Compliance solution should allow you to define, monitor and manage its processes and internal controls, provide extensive reports and documentation facilities to have immediate data and status availability, and provide tools for auditing various processes and controls. A compliance solution should be easy-to-use for CEOs, CFOs and Process owners. It would help organizations institutionalize risk management and help in continuous compliance, instead of becoming one of exercise.
Top
3. Why is compliance solution necessary for a business?

Not only do the regulatory acts for compliance protect investors wealth but also helps the business in running successfully with any potential risk being addressed in a timely and accurate manner. A compliance solution also monitors the effectiveness of various controls applied to mitigate risks.

Now, SEBI has made it mandatory for companies in India to comply with the Clause 49 regulations, which is a huge task if done manually. A compliance solution automates the entire process and makes it easier for companies to comply with the stipulated regulations. Further, it helps organizations institutionalize this process and facilitates continuous compliance quarter after quarter.
Top
4. How soon do you need a compliance solution?

In India, companies will need to necessarily comply with Clause 49 guidelines by December 31, 2005. Some countries such as USA, European countries already require compliance to similar regulatory acts specific to the country.
Top
5. What are the various regulatory acts for compliance in India and abroad?
In India, Clause 49 forms the major core of compliance act. Other popular and comprehensive compliance acts are Sarbanes Oxley (SOX), Basel II and HIPAA.
Top
6. What should a compliance solution essentially contain?

A compliance solution should essentially contain the following:

  • Process definition and management
  • Risk and control definition and management
  • Exhaustive report generation capabilities for processes, risks and internal controls
  • Auditing capabilities with the facility for raising challenges to non compliance 
Top
7. What is the role of Independent Directors regarding Compliance?

As per Clause 49, one of the mandatory requirements for companies to be recognized as fully compliant is to have at least 50% of board members as Independent Directors (dependent on the fact whether the chairman is executive or Non executive). These Independent Directors should have absolutely no stake, financial or otherwise, in the company. Failure to employ requisite number of independent directors may result in heavy penalties for the companies. The idea of having Independent Directors on board is to have people who can rightly question the other non-independent members of the board regarding disclosure of information to protect investors’ capital and interests and ensure objectivity in decision-making.
Top
8. What is Newgen Compliance Manager?

Newgen Compliance Manager (NCM) is a comprehensive tool designed to help enterprises effectively handle the implications arising out of the regulatory acts such as Sarbanes Oxley, Clause 49 from SEBI, etc.
Top
9. How is a compliance tool, for example, Newgen Compliance Manager, uniquely positioned to assist companies comply with Clause 49.
Newgen Compliance Manager as a tool assists companies to comply with various requirements of Clause 49. 
Section 4C of Clause 49 deals with putting in place elaborate risk management procedures while Section II D and Section 5 relates to certification, creation and evaluation of internal control mechanisms. 

The Risk Assessment exercise is conducted by a dedicated team (External consultant OR Internal Audit Team). This is a humongous exercise and requires large resources in terms of skilled manpower, and time. To maintain the currency of findings, the exercise needs to be revisited each quarter. The usage of a tool provides a substrate and basic platform where new efforts and incremental differences can be updated. This ensures that the latest version of the Standard Operating Procedures (SOPs) with current risk and attendant controls is made available. 

The mechanism for maintaining currency is done by auditing the Business Processes. Depending upon the criticality of the Business Process and its vulnerability to risks, one can define the audit cycle. This scheduling and monitoring helps the top management to focus efforts towards lapses that have material significance.

Since the processes are charted in Newgen Compliance Manager, it will allow the CEO / CFO to have complete visibility into the risks and controls, which is not possible with word documents and XL sheets.

Further and more importantly, such a tool helps institutionalizing the Risk Management framework and helps the organization carry the baton long after the Consultant has exited.
Top
10. How does such a tool help attract Independent Directors?
One of the requirements of complying with Clause 49 is having required number of Independent Directors. 

However, in India a single person as an independent director is allowed to be a member of multiple boards at the same time. Often it becomes difficult for him to keep track of all the processes within different companies. Therefore, during board meetings his contribution gets limited.

By the usage of the Newgen Tool, complete transparency is created by clearly defining the organization processes, the associated risks in those processes, along with controls that have been put in place to mitigate those risks. This way the responsibility shifts from an individual to the process. 

This provides complete transparency to all directors, at the same time giving comfort to the independent directors to vouch for all the information and contribute significantly. This will enable the organizations using this tool, to easily bring on board the required number of independent directors.

Secondly, since the non-compliances are now brought out clearly, the Independent Directors can give focused inputs and focus on processes that warrant their attention instead of devoting time to general well being of the organization.
Top
11. What are the costs if an organization chooses not to use a Compliance Tool?
If an organization wanted to do all the things needed for complying with this clause, without using a tool, they will end up spending large sums of monies. 

A great deal of the resources would be needed to put all the information, including those of documenting risks and associated controls for all their processes, along with periodic monitoring and tracking.

Also, an organization not using a compliance tool could get hurt badly. Consider the case of Order Execution.

A company receives a very large LOI. It immediately swings into action, making huge investments for executing the order quickly. Some time later, the LOI gets canceled.

The company, unable to bear the loss, gets wiped out from existence. If only a separate process for Order Execution- one, which took care of all the dynamics involved and ensured receipt of conformed PO, would have been built and used, the company would still be existing, probably thriving.
Top
12. What are the main issues addressed by Newgen Compliance Manager?
Newgen Compliance Manager addresses following main issues to make the solution compliant.
  • Risk Assessment 
  • Process Design 
  • Comprehensive Internal Controls 
  • Elaborate Process Documentation 
  • Periodic Monitoring 
  • Process Deviation Tracking 
  • Roles & Responsibilities Tracking with timelines
Top
13. What are the components of Newgen Compliance Manager?
The five core components of Newgen Compliance Manager:
Process Management
The Process Management component enables organization to manage the processes for which the risks have to be assessed and controls are to be applied.
Risk Assessment
The Risk Assessment component performs tasks like identifying risk attributes, association with the established processes and continuous updation of these risks.
Controls
Once the risks have been assessed and categorized, the need arises for applying appropriate controls to mitigate these risks. The Controls component enables organizations to do that by associating controls to identified risks, calculating the mitigation cost, assessing the residual risk and determining the effectiveness of the controls.
Auditing
The Auditing component enables organization to set auditing responsibilities and  schedules.
Monitoring
The Monitoring component enables organization to track the compliance status of the processes by generating reports like status of internal control, status of internal processes, status of gross and residual risk, audit schedules, etc.
Top
 
 
 
© 2007 Newgen Software Technologies Limited. All rights reserved.
Terms of Use    |     Privacy Policy    |    Webmaster
| Home | About Newgen | Products | Services | Industry Solutions | Events | Partners | Feedback | Case Studies | Downloads | Site Map |
Site Designed and Developed by Magnon Solutions Pvt. Ltd.