Distinguish between the following: (ii) 'Apparent', 'adequate' and 'absolute' compliance.
CS Professional · Secretarial Audit, Compliance Management and Due Diligence · PYQS · December 2015
Distinguish between the following: (ii) 'Apparent', 'adequate' and 'absolute' compliance.
Answer & Explanation:
Apparent compliance is a disguise form of non-compliance, which is worse than a non compliance. The classic example for Apparent Compliances are generating documents such as notice, agenda, minutes on papers for board and general meeting which are not actually held. Adequate compliance is compliance in letters. The aspects specified in law are complied in letters, without getting into the spirit of the law, e.g. box ticking practices. Absolute compliances are those which are in line with the spirit and intent of the law. A typical example in this regard is demonstrating shareholder democracy as prescribed by law.
Topics: Compliance Management
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