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welcome

CGPM is a boutique firm of chartered accountants specialising in corporate governance, risk management and provision of non-audit assurance services.  We would be delighted to meet with you to discuss how we may help.

launch day

CGPM Consulting has become a reality.  This is a day that we've been thinking of for a very long time.  We've a vast amount of experience and want to bring that into use helping regulated organisations to develop and pursue a course of continuous improvement in governance, risk and finance.

Tom Mitchell one of the partners has more than 20 years experience in these fields.  He says, "helping establish CGPM was a long-held ambition.  Regulated organisations have needs that are driven by compliance requirements, but which must be fulfilled in a pragmatic, proportionate and beneficial way.  Governance, risk and finance are tools to help these organisations yield the best result for their stakeholders."

Please contact us to discuss how we may help you.

2 Sept 2011

 

bribery guidance says charities caught

Many charities have taken the view that the legislation applies only to enterprises trading for profit and or operating in international markets; these charities’ interpretation of the phrase “commercial organisations” used in the Act.

The statutory guidance is quite clear that any incorporated body which engages in commercial trading, regardless of the purpose for which profit is made, are caught by the provisions of the Act. Charities are explicitly referred to as being within scope.

Commercial trading has no legal definition. It is implicit in the guidance that entering into any form of contract constitutes trading, be that for the receipt of goods and services, the supply of goods and services, employment, etc..

One may argue that charities do not generate profit. Whilst literally true, charity surpluses, a profit by any other name, are not subject to tax by virtue of the exemptions granted under s505 of the Income and Corporation Taxes Act 1988. The same principle is inherent in the Bribery Act; charities generate a profit (sic surplus) they are simply not taxed on it, but it is a profit nonetheless.

 

bribery act 2010 now in force

The Bribery Act 2010 came into force on 1 July 2011.

Four offences were created under the Act:

  1. Offering or making a bribe - "active bribery";
  2. Requesting or receiving a bribe - "passive bribery";
  3. Bribery of a foreign official; and
  4. Failure to prevent bribery.

It is incumbent upon incorporate organisations (companies, partnerships, industrial & provident societies, CIO, SCIO etc) to prevent bribery in their name.  Directors, and with charities trustees, are subject to up to 10 years imprisonment and unlimited fines should they fail to prevent bribery.  There is one defence only; adequate procedures.  We shall shortly prepare a booklet which explains the action you need to take.

 

 

Q3 2011 newsletter

In this issue:

  • Bribery Act 2010 - shock prosecution under the act and significant jail term handed down;
  • Fraud Risk awareness - following regulatory investigation into governance failure, fraud prosecution follows.

In the next issue:

  • Whistle-blowing;
  • Improving Trustee effectiveness.

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governance

  • Governance review;
  • Constitutional compliance review;
  • Board evaluation;
  • Facilitated strategic planning;
  • Strategic project management;
  • Board and senior management training

risk

  • Review of risk management;
  • Embedding risk management;
  • Risk analysis;
  • Risk management training;
  • Risk audit.

assurance

  • Policy formulation and analysis;
  • Process review & restructuring;
  • Policy/regulatory review;
  • Internal audit service;
  • Independent examination (charities);
  • Due diligence.