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Prof Ram Mohan is an Associate Professor in Business Policy Area since 2017 at IIM Ahmedabad. Prior to this he was Associate Professor at Department of Policy Studies, TERI University from 2015 to 2017. He served at Regulatory and Governance Division: TERI, New Delhi from 2004 to 2012 and served as Research Faculty at Centre for Law, Technology and Development, National University of Juridical Sciences (NUJS), Kolkata from 2001 to 2003. Apart from this he was a practicing Advocate at Trivandrum District Court, Kerala from 1997-1999. Known for his flair for research and writing, Prof Ram Mohan has been keen on research. His research interests have been in the areas of Commerical and Business Law, Studies on Judiciary, Law, Strategy and Organizations, Business and Professional negligence, Energy and Infrastructure law, Restatement of Indian Contract Law.
Summary The Pension Schemes Act 2021 significantly augments the enforcement powers of the Pensions Regulator (“TPR”). The Act not only creates new criminal offences but also enables the regulator to make use of civil financial penalties and new powers of investigation. While the behaviour that catches TPR’s eye will likely remain unchanged, its power to deter and punish improper conduct will (as of October 2021) increase considerably. Below we take a look at the key changes industry practitioners should note. Introduction The Pension Schemes Act 2021 creates three new criminal offences concerning improper conduct in relation to defined benefit pension schemes, and confers new powers of investigation on TPR. The changes, which will carry the force of law from 1 October 2021, have been described by TPR as “a watershed moment in [its] mission to protect savers”.
Aparimita Pratap Lawyer Nishith Desai Assoc. India-centric Global Law Firm +91 7651886379 Professional Biography: Aparimita is a member of the Dispute Resolution practice at Nishith Desai Associates, Delhi. She has worked on matters involving International Commercial Arbitration, Insolvency and Bankruptcy, Intellectual Property and Technology laws. Aparimita graduated from the West Bengal National University of Juridical Sciences, Kolkata (WBNUJS) in 2019. She has a keen interest in alternate dispute resolution and international law and was a member of the Alternate Dispute Resolution Society at her college. She has previously published articles on the topics ‘Corporate Criminal Liability under the Rome Statute’ in the Berkeley Journal of International Law Blog and ‘Modern Day Slavery & Trafficking Under the Rome Statute’ in the Cambridge International Law Journal Blog.
Europe, Middle East and Africa Investigations Review 2020 Fighting corporate crime and compliance defence in the Czech Republic In summary Inspired the US Department of Justice’s (DOJ), non-binding internal guidelines for public prosecutors were issued in September 2018 (Czech CMS Guidelines). A slightly updated version of the Czech CMS Guidelines was published in November 2020. Both guides are comparable in quality and level of detail and a company will set-up an equally effective compliance management system following either of them. The major difference is the approach of the Czech prosecution authorities, which is considerably less predictable compared to DOJ’s. Czech prosecuting authorities are still struggling to understand the concept of compliance management systems and specially to apply it accordingly taking into account all the relevant specifics of the prosecuted company.
To print this article, all you need is to be registered or login on Mondaq.com. In 2020, the nation's focus has undoubtedly been centred on the COVID-19 pandemic. The pandemic itself has brought a range of challenges and risks for companies as they navigate the changed business environment and the pressures that COVID-19 has caused, both economic and operational. Despite the focus that the Commonwealth government has had on the pandemic, it took some positive steps in its reform agenda in the last quarter, including releasing draft legislation for the long-awaited Commonwealth Integrity Commission. Legislation updates Commonwealth Integrity Commission CIC). The CIC's proposed powers include:
Corporate criminal liability Jon Mack FRSA argues that irrespective of their corporate structures, institutions should not be able to evade liability for economic crime and that the time has come for new legislation to reflect this. In 2019 the government recognised that corrupt practices in the oil and gas, extractives, overseas development and construction industries pose “a significant reputational risk to the UK.” The World Economic Forum estimates that corruption costs at least $2.6 trillion per year. The abuse of corporate structures to launder money, or the commission of offences by corporations and the inability to hold corporations to account for the most serious criminal offences damages confidence in the UK.