As you know, Allen & Overy has a range of global risk management policies (the Policies), which are on the Risk Management section of the intranet (see the Risk Management link on the left hand side of the home page under “Business Acceptance and Risk Management”) (the Risk Management Intranet Page). This annual compliance return is to remind you that the Policies apply to you and to ask you to confirm that you are familiar with the Policies applicable to you and have complied with them. There have been some changes to the Policies since 31 July 2013, the effective date of last year´s return, but any material changes are highlighted below. Two new risk management policies have been introduced since 31 July 2013, the Referrals Policy and the Translations Policy. In this case, you are being asked to give the certification in respect of the year ended 31 July 2014.
Completion of the return by you forms an important part of the process for renewal of our professional indemnity insurance and helps ensure compliance with the firm’s Policies and with relevant regulatory and other rules of professional conduct. By completing this annual compliance return, you certify that all responses are accurate and you acknowledge that knowingly violating the firm's Policies, or knowingly making any misstatements, is a serious matter and may result in sanctions against you.
You will find below summaries of the key elements of some of the most important Policies, but you are advised to review all Policies before you complete this annual compliance return. The longer Policies contain an executive summary at the beginning which should enable you to identify whether the Policy may be relevant to you. You are advised to review in full all relevant Policies. If you have any questions about the Policies, please contact Stephen Jaggs or Wasana Montraprasit.
We ask that you complete your return as soon as possible and in any event by close of business on Friday 29 August 2014. We are required to achieve a 100% response-rate and would welcome your cooperation and support.
References in this annual compliance return to the firm or to Allen & Overy are references to the global organisation comprising Allen & Overy LLP and its affiliated undertakings.
Anti-Fraud and Anti-Corruption
The UK Bribery Act 2010 came into force on 1 July 2011. Under the Bribery Act, it is illegal for bribes to be offered, given, requested or received, either directly or indirectly (whether by a commercial organisation or by any person or entity acting on its behalf). Given Allen & Overy’s structure, the Bribery Act has worldwide application to our operations.
Allen & Overy has global anti-corruption policies and procedures. These include policies on gifts and hospitality, facilitation payments, political and charitable donations, and dealing with third parties acting on our behalf.
See the Anti-Fraud and Anti-Corruption Policy.
Anti-Money Laundering and Criminal Activity
Breach of anti-money laundering rules in many jurisdictions can result in criminal sanctions. If you become suspicious that the firm or any of its clients may be involved in money laundering or other criminal activity, you should report the relevant circumstances to the Money Laundering Reporting Officer in your office.
See the Anti-Money Laundering Policy.
Audit Enquiries
It is common practice for client companies, at the request of their auditors, or sometimes the auditors themselves as part of their normal audit procedures, to ask law firms to provide or confirm certain information in connection with the audit of the company’s annual accounts. For various technical reasons, such enquiries have to be handled with considerable care in order to protect the firm's position and to preserve client privilege. For this reason all audit enquires must be referred without delay to the responsible partner.
See the Audit Enquiries Policy.
Business Continuity Management
The firm recognises its responsibilities for the safety of its staff, clients and visitors and the importance of maintaining business operations in the event of a crisis, disaster or other interruption. This commitment extends to identifying and reducing risks to staff, clients, business operations, assets and reputation. You should be aware of the Business Continuity plan in place for your office, which forms part of the firm's strategy for addressing these risks.
See the Business Continuity Management Policy.
Client and Matter Acceptance
One of the areas of highest risk to the firm is the risk of accepting a new client or a new piece of work which (whether for reputational, mandatory legal, business conflict, legal conflict or credit reasons) turns out to be problematic. This is a risk which affects the firm globally and in every jurisdiction in which it operates. For this reason, you are required to follow the firm's policies and processes relating to client and matter acceptance, which apply globally.
See the Client and Matter Acceptance Policy.
Completeness of Files
We have a professional responsibility to our clients to ensure we have a complete and accurate file for every client matter. The working practices relating to the use of the Omnia virtual file, including those relating to matter security, form an integral and important part of the way in which we keep files complete and information secure. You are expected to comply with the Omnia working practices (which can be found at http://global.intranet.allenovery.com/ToolsAndResources/IT/GlobalITTraining/Pages/AllenOvery-Working-Practices.aspx) and to confirm that you have done so.
Complaints or Claims Against the Firm
Any complaint by a client or third party about the conduct of the firm (or any partner or member of staff), or any circumstance of which you become aware which could lead to a claim against the firm, must be promptly reported to the matter partner or as directed in the relevant Policy. If you are aware of any claim or circumstance which could give rise to a claim and which you have not already reported, please note the details on this return.
See the Complaints and the Professional Indemnity Insurance Procedure Policies.
Confidentiality
It is the obligation of everyone who works at Allen & Overy to keep strictly confidential all information relating to our clients. Client matters (including the names of clients and the nature of matters we are handling) should not be discussed with anyone outside the firm and should not be discussed with other members of the firm anywhere outside the office or in the common parts of the office where the conversation may be overheard. Where information about a client is particularly sensitive, such as information relating to a proposed takeover or relating to a public figure, the strictest security arrangements must be observed; not only must this information be kept confidential within the firm, but it should not be discussed with anyone else within the firm except on a "need to know" basis.
In addition to information about clients, confidential information about the firm must not be shown to, or discussed with, anyone outside the firm or to anyone within it who is not authorised to have it.
See in particular the Confidentiality and Disclosure of Information, Information Barrier and Inside Information and Market Abuse Policies.
Data Protection
Any information collected, held or processed by the firm relating to any individual is subject to the provisions of relevant data protection and privacy legislation and you must follow the firm's guidelines with respect to access to and use of personal information. Unlawfully obtaining, disclosing or selling any personal information collected, held or processed by, or on behalf of, the firm without consent may result in criminal sanctions.
See the Data Protection Policy.
Dealing in Shares or Other Securities
Insider dealing/trading is a criminal offence in most countries. Quite apart from this, it is undesirable for anyone who works for the firm to put themselves in a position which would be likely to attract scrutiny or criticism or where a conflict of interest might arise by using confidential information inappropriately or criminally. Persons within the firm will frequently be in possession of price sensitive and other confidential information about listed entities, whether or not regular clients of the firm.
There is a general prohibition on any partner, member of staff, or recently retired partner effecting any transaction in (that is, active dealing as opposed to simply holding) any shares or other securities of (a) any listed entity or (b) any unlisted entity that is a client of the firm. This general prohibition applies equally to any person connected with such partner or member of staff. Special rules apply to Executors and Trusteeships.
This general prohibition is subject to certain exceptions (please see in particular the amended section 4.1(d) of the global Dealing in Shares or Other Securities Policy and section 2(f) of the equivalent USA Policy which now permit the purchase or sale of securities whose price or value is linked solely to an internationally recognised index of a group of securities).
See the Dealing in Shares or Other Securities Policy.
Engagement Terms and Client Care Requirements
It is the firm's policy (as well as a regulatory requirement in certain jurisdictions) to have in place engagement terms with every client (except where a derogation has been expressly agreed in writing with the BAU) and to provide certain client care information (such as details of the team dealing with the matter and costs information) to our clients at the start of each matter. Confirmation that this has been done is required as part of the matter inception process. This Policy applies globally.
See the Engagement Terms and Client Care Requirements Policy.
Other Work or
As you know, Allen & Overy has a range of global risk management policies (the Policies), which are on the Risk Management section of the intranet (see the Risk Management link on the left hand side of the home page under “Business Acceptance and Risk Management”) (the Risk Management Intranet Page). This annual compliance return is to remind you that the Policies apply to you and to ask you to confirm that you are familiar with the Policies applicable to you and have complied with them. There have been some changes to the Policies since 31 July 2013, the effective date of last year´s return, but any material changes are highlighted below. Two new risk management policies have been introduced since 31 July 2013, the Referrals Policy and the Translations Policy. In this case, you are being asked to give the certification in respect of the year ended 31 July 2014.
Completion of the return by you forms an important part of the process for renewal of our professional indemnity insurance and helps ensure compliance with the firm’s Policies and with relevant regulatory and other rules of professional conduct. By completing this annual compliance return, you certify that all responses are accurate and you acknowledge that knowingly violating the firm's Policies, or knowingly making any misstatements, is a serious matter and may result in sanctions against you.
You will find below summaries of the key elements of some of the most important Policies, but you are advised to review all Policies before you complete this annual compliance return. The longer Policies contain an executive summary at the beginning which should enable you to identify whether the Policy may be relevant to you. You are advised to review in full all relevant Policies. If you have any questions about the Policies, please contact Stephen Jaggs or Wasana Montraprasit.
We ask that you complete your return as soon as possible and in any event by close of business on Friday 29 August 2014. We are required to achieve a 100% response-rate and would welcome your cooperation and support.
References in this annual compliance return to the firm or to Allen & Overy are references to the global organisation comprising Allen & Overy LLP and its affiliated undertakings.
Anti-Fraud and Anti-Corruption
The UK Bribery Act 2010 came into force on 1 July 2011. Under the Bribery Act, it is illegal for bribes to be offered, given, requested or received, either directly or indirectly (whether by a commercial organisation or by any person or entity acting on its behalf). Given Allen & Overy’s structure, the Bribery Act has worldwide application to our operations.
Allen & Overy has global anti-corruption policies and procedures. These include policies on gifts and hospitality, facilitation payments, political and charitable donations, and dealing with third parties acting on our behalf.
See the Anti-Fraud and Anti-Corruption Policy.
Anti-Money Laundering and Criminal Activity
Breach of anti-money laundering rules in many jurisdictions can result in criminal sanctions. If you become suspicious that the firm or any of its clients may be involved in money laundering or other criminal activity, you should report the relevant circumstances to the Money Laundering Reporting Officer in your office.
See the Anti-Money Laundering Policy.
Audit Enquiries
It is common practice for client companies, at the request of their auditors, or sometimes the auditors themselves as part of their normal audit procedures, to ask law firms to provide or confirm certain information in connection with the audit of the company’s annual accounts. For various technical reasons, such enquiries have to be handled with considerable care in order to protect the firm's position and to preserve client privilege. For this reason all audit enquires must be referred without delay to the responsible partner.
See the Audit Enquiries Policy.
Business Continuity Management
The firm recognises its responsibilities for the safety of its staff, clients and visitors and the importance of maintaining business operations in the event of a crisis, disaster or other interruption. This commitment extends to identifying and reducing risks to staff, clients, business operations, assets and reputation. You should be aware of the Business Continuity plan in place for your office, which forms part of the firm's strategy for addressing these risks.
See the Business Continuity Management Policy.
Client and Matter Acceptance
One of the areas of highest risk to the firm is the risk of accepting a new client or a new piece of work which (whether for reputational, mandatory legal, business conflict, legal conflict or credit reasons) turns out to be problematic. This is a risk which affects the firm globally and in every jurisdiction in which it operates. For this reason, you are required to follow the firm's policies and processes relating to client and matter acceptance, which apply globally.
See the Client and Matter Acceptance Policy.
Completeness of Files
We have a professional responsibility to our clients to ensure we have a complete and accurate file for every client matter. The working practices relating to the use of the Omnia virtual file, including those relating to matter security, form an integral and important part of the way in which we keep files complete and information secure. You are expected to comply with the Omnia working practices (which can be found at http://global.intranet.allenovery.com/ToolsAndResources/IT/GlobalITTraining/Pages/AllenOvery-Working-Practices.aspx) and to confirm that you have done so.
Complaints or Claims Against the Firm
Any complaint by a client or third party about the conduct of the firm (or any partner or member of staff), or any circumstance of which you become aware which could lead to a claim against the firm, must be promptly reported to the matter partner or as directed in the relevant Policy. If you are aware of any claim or circumstance which could give rise to a claim and which you have not already reported, please note the details on this return.
See the Complaints and the Professional Indemnity Insurance Procedure Policies.
Confidentiality
It is the obligation of everyone who works at Allen & Overy to keep strictly confidential all information relating to our clients. Client matters (including the names of clients and the nature of matters we are handling) should not be discussed with anyone outside the firm and should not be discussed with other members of the firm anywhere outside the office or in the common parts of the office where the conversation may be overheard. Where information about a client is particularly sensitive, such as information relating to a proposed takeover or relating to a public figure, the strictest security arrangements must be observed; not only must this information be kept confidential within the firm, but it should not be discussed with anyone else within the firm except on a "need to know" basis.
In addition to information about clients, confidential information about the firm must not be shown to, or discussed with, anyone outside the firm or to anyone within it who is not authorised to have it.
See in particular the Confidentiality and Disclosure of Information, Information Barrier and Inside Information and Market Abuse Policies.
Data Protection
Any information collected, held or processed by the firm relating to any individual is subject to the provisions of relevant data protection and privacy legislation and you must follow the firm's guidelines with respect to access to and use of personal information. Unlawfully obtaining, disclosing or selling any personal information collected, held or processed by, or on behalf of, the firm without consent may result in criminal sanctions.
See the Data Protection Policy.
Dealing in Shares or Other Securities
Insider dealing/trading is a criminal offence in most countries. Quite apart from this, it is undesirable for anyone who works for the firm to put themselves in a position which would be likely to attract scrutiny or criticism or where a conflict of interest might arise by using confidential information inappropriately or criminally. Persons within the firm will frequently be in possession of price sensitive and other confidential information about listed entities, whether or not regular clients of the firm.
There is a general prohibition on any partner, member of staff, or recently retired partner effecting any transaction in (that is, active dealing as opposed to simply holding) any shares or other securities of (a) any listed entity or (b) any unlisted entity that is a client of the firm. This general prohibition applies equally to any person connected with such partner or member of staff. Special rules apply to Executors and Trusteeships.
This general prohibition is subject to certain exceptions (please see in particular the amended section 4.1(d) of the global Dealing in Shares or Other Securities Policy and section 2(f) of the equivalent USA Policy which now permit the purchase or sale of securities whose price or value is linked solely to an internationally recognised index of a group of securities).
See the Dealing in Shares or Other Securities Policy.
Engagement Terms and Client Care Requirements
It is the firm's policy (as well as a regulatory requirement in certain jurisdictions) to have in place engagement terms with every client (except where a derogation has been expressly agreed in writing with the BAU) and to provide certain client care information (such as details of the team dealing with the matter and costs information) to our clients at the start of each matter. Confirmation that this has been done is required as part of the matter inception process. This Policy applies globally.
See the Engagement Terms and Client Care Requirements Policy.
Other Work or
การแปล กรุณารอสักครู่..
