Legal and Compliance

EX-CEL, A SERVICE PROVIDER WITH A DIFFERENCE: Many legal and compliance consulting firms are able to advise you where there are areas of non-compliance or regulatory and legal risk exposure but are unable to remedy these areas in your business as part of its compliance, governance and legal services. Ex-cel is able to enter your business and not only assess your legal, governance and compliance requirements but to attend to the necessary in order to ensure that your areas of partial or non-compliance are remedied swiftly and affordably, thereby adding noticeable value to your business.

Our legal and compliance services department provides a variety of services to assist your business in managing legal and compliance risks as we are not only experienced in legal, compliance and governance but we are experienced in business, which affords us the unique opportunity of being able to look at the issues from the client’s perspective.

Our offering ranges from labour law advice and document drafting, commercial contracts advice, contract drafting and vetting, and legal opinions and advice on commercial matters. A summary of our services includes but is not limited to the following:

Legal and Compliance
  • 1. COMPLIANCE
  • 2. COMPANY SECRETARIAL /GOVERNANCE

1.1

Legal Alerts

Legal alerts when regulator issues proposed regulatory changes for the business to prepare before the legislative go-live date

Retainer

1.2

Impact Analysis

Risk based Analysis of new legislation and areas of application to your business with a high level action plan

Ad-hoc Fee per hour

1.3

Compliance Risk Management Plans

(CRMP’s)

Drafting of CRMP’s per legislation, risk rating and defining the  adequacy of controls, as well as areas of partial or non-compliance

Retainer or fee per hour

1.4

Policy drafting

Drafting of regulatory and business policies tailored for your business

Fee per hour

1.5

Compliance training

Drafting material and conducting face to face or electronic training and/or awareness with assessments/ tests

Fee per hour

1.6

Register as FIC Compliance officer

Registration with FIC as your FIC Compliance officer carrying out all functions of an anti-money laundering compliance officer, Including compliance with PRECCA, POCA, POCDATARA Acts, where applicable and reporting to FIC

Retainer

1.7

Register as FAIS Compliance officer

Registration with FSCA as your FAIS Compliance officer carrying out  all functions in relation to FAIS (COFI) Compliance and reporting to FSCA

Retainer

1.8

Register as Head of Compliance control function

Registration with the Prudential Authority as your Head of Compliance Control function (formerly Public Officer) and carrying out all functions in relation to compliance with the Insurance Act, STIA, LTIA, PPR and reporting to the PA

Retainer

2.1

Board planning / documentation

Drafting of Board work plan and Charter, MOI and DOA

Fee per hour

2.2

Board meeting prep

Preparing Board packs and sub-committee packs, EXCO

Fee per hour or retainer

2.3

Reporting to CIPC

Submitting annual CIPC compliance report

Fee per hour or retainer

2.4

Minutes

Taking and disseminating of Board, EXCO and sub-committee minutes

Fee per hour or retainer

2.5

Board advisory

Advising the Board in terms of its fiduciary duties as per the Companies Act, King IV and all applicable governance and risk management legislation applicable to oversight by the Board, including training the Board

Retainer

 

In terms of the costing applicable to such services detailed below, this can be offered on an ad-hoc basis based on a negotiated and agreed hourly fee, on a short-term contract basis or on an on-going retainer basis, whichever is the best fit for the client in line with your budget and requirements. Ex-cel Business Training is currently a level 1 contributor with a 51% black women ownership.

1.   CORPORATE GOVERNANCE

To avoid mismanagement, good corporate governance is necessary to enable companies to operate more efficiently, to improve access to capital, mitigate risk and safeguard stakeholders. It also makes companies more accountable and transparent to investors so as to minimize expropriation and unfairness for shareholders.

Ex-cel’s Corporate Governance solutions include but are not limited to the:

  • Development, roll out and on-going compliance checks on Policies, frameworks, tools and templates;
  • Drafting of the Board Charters including Board composition, role definition, duties and responsibilities;
  • Updating of Company’s Memorandum of incorporation and Delegation of Power / Power of Attorney;
  • Board sub-committee management such as Audit, Risk & Ethics Committees;
  • Management of Board sub-committee and/or processes for Executive performance, compensation and remuneration;
  • Board Work plan drafting, Board pack compilation and Board minute taking; etc

2.   COMPLIANCE

Ex-cel’s Legal and Compliance Officer has significant practical hands on experience – a blend of both technical and industry experience. The aforementioned experience has been gained across Africa and the European Union, as well as vast experience in South Africa over 15 years.

Furthermore, Ex-cel has the necessary credentials to register as your company’s FAIS accredited Compliance officer, FIC Compliance officer, Company Secretary and/or Head of Compliance control function / Public Officer.

Excel’s compliance offering covers your business throughout the compliance process from alerts and impact analysis on new legislation, defining your regulatory universe, drafting compliance risk management plans including action plans with due dates and tracking same until completion, reporting on areas of development, providing monitoring to reporting at the various stakeholder levels such as the regulatory bodies, the Board, senior and middle management and operational staff. Below are examples of some of these services:

2.1    Regulatory Compliance

Regulators have developed strategies introducing reform through new legislation and enhancing existing legislation. The changes have been and will continue to be rapid and onerous, although necessary for companies to ensure that its risks are assessed and mitigated whilst eliminating corporate governance failures, which have plagued many South African companies in the recent past.

Ex-cel is able to assist companies to define its regulatory universe, the risk it is exposed to and assist to ensure that controls are adequate and effective on a continuous basis, as follows:

  • Increased need to operationalize regulatory compliance to Business As Usual
  • Effective navigation between different regulators and regulatory requirements within pre-defined timelines
  • Up-to-date specialized industry experience to accelerate compliance monitoring
  • Flexible management of resources and capacity constraints
  • Tailoring the approach for each company specific to its nature, scale, risk and complexity and keeping up to date with best practices internationally
  • Focus on the implementation of combined assurance imbedded in the day to day business, thereby placing reliance on the 5 lines of defense, as defined in King IV.

2.2  Compliance Management (including training)

  • Our solutions include but are not limited to the following in the area of Compliance Management: 
    • Assisting you to define your Compliance strategy and framework on a risk-based approach, providing you with templates where needed to ensure compliance across your business.
    • Drafting updates to stakeholders on proposed legislative changes in the form of impact analysis in order to ensure that your business is compliant on the go live date of the go live date of the legislation.
    • Drafting, updating and Reporting to your stakeholders using Compliance Risk Management Plans per legislation and providing summarized snapshot for Board reporting purposes eg: AML (FIC), POPI, Companies Act, King IV, FATCA, FAIS / COFI, Insurance Act, TCF / PPR, CPA, NCA, Cyber legislation, PFMA for public entities, etc. Reporting can be done for regulatory purpose as per statutory requirements, for purposes of assurance to EXCO, the Board and its sub-committees or parent companies.
    • Drafting detailed and snapshot reporting on upcoming legislation, areas of non-compliance with plans to remedy and action plan timelines to accomplish same, as well as Monitoring dashboards/reports and statutory submissions tracking, etc.
    • Drafting a detailed monitoring plan for your business based on your risks and conducting the monitoring in order to remedy areas of non-compliance or partial compliance swiftly and to produce assurance monitoring reports to stakeholders.
    • Ex-cel provides solutions to cover your entire compliance risk management process as a financial services provider based on years of experience in the industry and is able to register as your FAIS Compliance officer, FIC Compliance officer and/or outsourced Head of Compliance control function, as well as company secretary.

2.3  Compliance training and Awareness

Compliance training is available on policies and legislation, as well as frameworks and tools/templates tailored to your organization. Training is provided from board level on the overall regulatory universe, detailed per legislation training targeted at specific departments  or role-players and assessments on such training to ensure that staff / management understand the overall compliance requirements, as well as their specific roles in such compliance (where needed). The training can be provided on-line with an assessment, face-to face in a class room or via awareness newsletters, displayed posters at the office or a combination of these.

 Compliance Training is available covering, inter alia, the following subjects:

  • Financial services / insurance and brokers Regulatory training
  • Protection of Personal Information (POPI) training
  • Compliance process training
  • Company Policies training
  • Corporate Governance training (Companies Act, King IV)
  • FAIS and Conduct of Financial Institutions training (COFI) training
  • Treating Customers Fairly / Conduct Risk training
  • Anti-Money Laundering – CFT training
  • Covid-19 compliance requirements for employers as required by OHS

3.   Legal Services (including Contract Management)

  •  Ex-cel is able to provide legal advice, legal opinions on contractual arrangements
  • Drafting and vet standards SLA’s to complex commercial contracts, as well as creating a process for repository and diarizing contract renewals and annual re-negotiation reminders to contract owners
  • Our Contract Management service offering looks to provide an answer to the economic, competitive and budgetary demands placed on organisations for sustainable cost This includes the evaluation of possible exposure to overpayments and an in-depth review of the procurement process.
  • Our solution includes reviewing contracts to assess a cost-benefit analysis and to check compliance by the third party with the terms of the contracts.
  • High-level risk assessment of procurement activities, annual spend and buyer/ supplier contracts; and Area reviews of contracts, potential recoveries and savings.
  • Provide solutions by recommending quick wins and implementation plans for long-term
  • Legal advice on labour law processes within the business, drafting of HR and related policies, CCMA advice, as well as labour law advice on dismissals, disciplinary procedures, employment contracts, performance and remuneration matters.

For any enquiries, kindly contact us on the contact details listed below. We look forward to hearing from you.

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