legasis for psu - v3
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© 2017 Legasis Services Private & Confidential
LEGASIS GROUPSERVICES AND PROFILE
© 2017 Legasis Services Private & Confidential
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About Legasis
© 2017 Legasis Services Private & Confidential
Group Companies
• Legasis stands for Legal Systems and Integrated Solutions
• Incorporated in March 2006
• Niche player with equal focus on IT & Lawyering
• Caters to general counsels and law firms across the world
• Understands the DNA of Compliance
• ISO 9001 and ISMS 27001 certified
• Robust processes (LEAP & DART) with high ethical
quotient
• Legasis operates from Mumbai, New Delhi, Pune and
Hyderabad
Legasis Profile
“Our association with Legasis has been extremely fruitful. We have found Legasis to be efficient and prompt with great understanding of our requirements “General Counsel & Legal Director P&G India
© 2017 Legasis Services Private & Confidential
LEGATRIX COMMUNITY
580+COMPANIES CURRENTLY USING LEGATRIX551+NUMBER OF 3Ps USING LEGATRIX
4,100+TOTAL NUMBER OF LOCATIONS/UNITS580+TOTAL NUMBER OF MANUFACTURING PLANTS
25,000+NUMBER OF USERS USING LEGATRIX ACROSS ALL ENTITIES
Expertise in bringing best practices in the Industry & Emerging Growth of Legatrix Community.
© 2017 Legasis Services Private & Confidential
WHY SHOULD YOU CHOOSE TO WORK WITH LEGASIS
Designing Compliance Programs 01
Specialized Expertise02
Legal Updates & Support03
Legasis has 10+ years experience as a pioneer and trendsetter in the compliance management domain. Legasis has experienced compliance professionals who are known as compliance crusaders
Comprehensive coverage of laws with near-immediate updates to legal amendments and robust IT application with dedicated support
We spend time understanding as-is compliance status, identify all statutes that would help you be 100% compliant, then map each compliance task to the individual performer. We give you the industry leading software to systemize the process of compliance
© 2017 Legasis Services Private & Confidential
Group Companies
LEGAsis solutions
Compliance Management • Comprehensive
compliance management solution
• Dashboards and Reporting
• Role-based access, central repository, smart features
• Continuous updates
Contract Management• Manages the
entire lifecycle of contracts from new draft to obligation tracking to renewals and expiry.
• Central repository • Approval workflow• Reports
Litigation Management • Online,
comprehensive solution to , manage, monitor and control litigations
• Alerts and updates• Reports
IP assets Management • Comprehensive IP
Asset management tool
• Covers entire lifecycle management of Patents, Trademarks, Copyrights, Designs
• Reports
© 2017 Legasis Services Private & Confidential
Group CompaniesLegasis services
Counter Fraud•Advisory and execution services relating to fraud and corruption in entities.
•Services include dawn raids consulting, compliance with anti-bribery laws, enforcing actions, defence support, economic offences and criminal investigation support
IPR Services • Specialized division
of LSPL• Provides end-to-
end IP services to domestic and international customers.
• Services relate to IP Search and creation, infringement monitoring, IP Protection and Enforcement.
Compliance Consulting• Advisory on
compliance management and programs.
• Conducting statutory and regulatory compliance audits and gap assessments for clients.
LEGA CS LLP• Professional CS
firm of Legasis group.
• Is a corporate secretarial entity providing secretarial services, audit and certification to corporates relating to Companies Act, SEBI, RBI, etc.
© 2017 Legasis Services Private & Confidential
OUT OF THE BOXINITIATIVES
© 2016 Legasis Services Private & Confidential
Celebration of Compliance Week since Oct, 2014
Proclaiming and Honoring Industry Best Practices
Compliance 1010 portal Weekly posts on updates in
compliance arena in India and Globally
Discussion Forums and Knowledge Centre
Cloud based hosting portal for Practicing Company Secretaries
Used for tracking and generating MGT 8 report and certification.
Free subscription service to any user from corporate website
Provides monthly information of amendment in laws and Legasis happenings.
© 2017 Legasis Services Private & Confidential
KEYDIFFERENTIATORS
Comprehensive database of compliances – Over 3.25 Lacs compliance tasks compiled from over 6,500 statutes with new tasks being added daily
Wide coverage – Provides tasks across Central, State, Municipal and Local legislations across all industry sectors
Continuous updates – Changes/amendments to laws are tracked on daily basis and updated in system within 48 hours with alerts to users
Domain Expertise – 10 years experience as a pioneer and trendsetter in compliance management space
Large community – Large community of over 570 companies and 25,000+ users across the world
Law Firm advantage – Backed by a full services law firm “Legasis Partners”
© 2017 Legasis Services Private & Confidential
Group Companies
• Legasis aims to encourage MSMEs through SaaS based, Digital MSME (ICT)
Scheme to adopt good Corporate Governance and Compliance Practices for
improving their competitiveness, reducing operational risk factors, overcoming
barriers to trade, successfully meeting the challenges of globalization.
• Legasis has been identified as a Service Provider by the Ministry of Micro,
Small and Medium Enterprises (‘MSME’) for development of IT Modules:
i) To identify compliance activities and management; and
ii) To conduct periodic regulatory compliance audits.
• To enable Indian MSME’s to become global players, Legasis proposes to create
awareness through SaaS based, Digital MSME (ICT) Scheme in respect of
global issues such as anti-bribery, US Foreign Corrupt Practices Act, UK Bribery
Act, and other such areas that affect the MSME’s ability to compete at a global
level. Legasis & MSME’s
© 2017 Legasis Services Private & Confidential© 2016 Legasis Services Private & Confidential
• Innovation capture module assisting MSMEs to convert innovative ideas into registered Intellectual Property Rights and to create intangible assets.
• Provides end-to-end solutions for MSMEs focused on building a competitive position through innovation.
Legasis solutions for MSME’s
• Centralised compliance tracking • SaaS model • All applicable laws• Continuous updates• Digital Solution • Central repository of all
documents and evidence• Simpler audits
© 2017 Legasis Services Private & Confidential
Road transport MaritimeSmart city
banking Finance Capital markets
automobile Consumer goods
entertainment
Automotive Research Association of IndiaRetainer
clients Motion Picture Distributors Association India
Maharashtra State Road Development Corporation
© 2017 Legasis Services Private & Confidential
AUTOMOBILE PHARMACEUTICAL
DIVERSIFIED BUSINESS GROUPS
LEGATRIX COMMUNITY
BFSI EDUCATIONINFORMATION TECHNOLOGY
POWER MANUFACTURING
RETAILS
© 2017 Legasis Services Private & Confidential
HOSPITALITY UTILITIES & INFRASTRUCTURE
CHEMICAL & FERTILIZER
LEGATRIX COMMUNITY
MINES LOGISTICMEDIA
PROJECTS HEALTHCAREPAPERS
© 2017 Legasis Services Private & Confidential
Group Companies
• Client is India’s largest integrated power company with 80+ business locations ranging from offices, manufacturing units, generating stations and project sites like solar, wind, hydro & thermal
• All applicable laws, central, state and local, were covered across legislative categories like Corporate, EHS, Human Resources, Commercial, Asset, and Industry-specific regulations
• All compliances relating to Licenses / NOCs / Consent Orders also covered
• Successful implementation carried out in India across multiple states/UTs and local jurisdictions
• Implementation also carried out at various public-private partnerships of Client in Generation, Transmission and Distribution
• An installed generation capacity of 10477 MW covered in Legatrix
Case study - leading power company
© 2017 Legasis Services Private & Confidential
Group Companies
• A Special Purpose Vehicle incorporated for the implementation of the first metro project awarded in India on a PPP basis, Client operates and maintains about 12 km elevated metro with 12 stations enroute
• All applicable laws, central, state and local, were covered across legislative categories like Corporate, EHS, Human Resources, Commercial, Asset, and Industry-specific regulations like The Metro Railways (Operation & Maintenance) Act & Rules
• Compliances of Concession Agreement were also covered
• Successful implementation carried out at corporate office and 12 metro stationsCase
study - Mumbai’s 1st metro rail company
© 2017 Legasis Services Private & Confidential
Contact
• B 105, ICC Trade Towers, Senapati Bapat Road, Pune 411016, Tel: + 91 20 30227222, 30294000, Fax: +91-20-30221012
Pune
• 12A/09,13th floor, Parinee Cresenzo, G-Block, BKC, Bandra East, Mumbai – 400051, India, Tel: +91 022 33544000
Mumbai
• 7 top floor, 12 Central Lane, Bengali Market, New Delhi 110001, Tel: + 91 11 45122933, Fax: + 91-11-45122934
Delhi
• Office No 401 4th Floor Alcazar Plaza Banjara Hills HyderabadHyderabad
© 2017 Legasis Services Private & Confidential© 2016 Legasis Services Private & Confidential
Government Companies
© 2017 Legasis Services Private & Confidential
Group Companies
any company in which not less than 51% of the paid-up share capital is held by the • Central Government, or • by any State Government or
Governments, or • partly by the Central Government
and partly by• one or more State Governments, and includes a company which is a subsidiary company of such a Government Company;What is
a government company
Section 2(45) of the Companies Act 2013
defines a “Government Company” as…
© 2017 Legasis Services Private & Confidential
Group Companies
Important Statutory exemptions for government companies
• The Ministry of Corporate Affairs, through its Notification dated 5th June, 2015 has granted exemptions to Government Companies from compliance with certain provisions of the Companies Act, 2013. A list of important exemptions granted to Government Companies vide the aforesaid Notification and their impact is given below:
• Non-applicability of procedural norms for any transfer of securities with respect to bonds issued by the Government Company
• Specific relief granted for the place of Annual General Meeting (AGM) wherein the Central Government can approve of any other place to convene the AGM.
• Exemption from dealing with specific compliances w.r.t distribution of Dividend and opening of a separate bank account for depositing of Dividend.
• Permission to have more than 15 Directors without the need of passing a Special Resolution in a General Meeting of the Company for that effect.
• An exemption from complying with the provisions related to Loans to Directors provided an approval of the Ministry or Department of the Central Government which is administratively in charge of the company, or, as the case may be, the State Government
• Non-applicability of the ceiling limits for payment of managerial remuneration.
© 2017 Legasis Services Private & Confidential
Group Companies
Secretarial Support for Government Companies
• Lega CS – a Legasis group firm – can assist Government Companies in complying with the requirements of CAG and CVC.
• The following service offerings could be provided to the Government Companies in relation to the applicable secretarial compliances:
– Facilitating “Digitization” of secretarial compliances.
– Secretarial support and Certifications under Companies Act, 2013, SEBI Act, 1992 and Foreign Exchange Management Act, 1999.
– Assisting in the Annual Return compliances for all Corporate entities, including assistance in filing of Financial Statements in XBRL mode.
– Conducting Secretarial Audits of Companies as mandated under Section 204 of the Companies Act, 2013
– Business Set-up services (Incorporation of Companies, LLP’s) and allied activities.
– Conducting Legal and Secretarial Due Diligence
© 2017 Legasis Services Private & Confidential
Group Companies
Compliance with CAG guidelines for government companies
• The accounts of Government Companies are audited by the Comptroller and Auditor General of India (CAG).
• The CAG appoints the Auditors for Government Companies.
• Government Companies are required to adhere to the accounting standards issued by Institute of Chartered Accountants of India.
• Government Companies are required to abide by the standards, guidelines and rules specified by CAG in this regard. The CAG shall direct the manner in which the accounts of the Government company are required to be audited. Ss. 139, 143, 394, 395 of the Companies Act, 2013 prescribes the manner and method of carrying such audits.
• Other compliances include a) send copies of the agenda notes and minutes of the meetings of its board of directors, board level committees and the audit committee, b) Intimation of formation and closure of a Government company.
• Legasis can assist Government Companies in complying with the requirements of CAG.
© 2017 Legasis Services Private & Confidential
Group Companies
• Legatrix workflows can be configured to include CVC guidelines and checkpoints – E.g.. Public procurement process, Smart Cities procurement, project monitoring systems, etc.
• Various Government Companies’ internal guidelines, SOP’s, policies and inter-departmental workflows can be configured and monitored in Legatrix.
• General Financial rules ( GFR ) 2005 , issued by Ministry of Finance, with subsequent amendments, can be configured as departmental workflows in Legatrix. These GFRs can cover general system of financial management, procurement of goods and services, contract management and so on.
• CIC and RTI policies and guidelines and workflows can be configured in Legatrix. This would cover notifications, important decisions of CIC, Supreme court & High court judgements on RTI, submission of returns ,etc.
• Integrity pact (IP) guidelines related to public procurement processes can be developed and configured in Legatrix workflows. Several government companies like SCI, MECON, IOC, etc are already working on IP guidelines.
Compliances for government companies
© 2017 Legasis Services Private & Confidential
Group Companies
• Legasis Partners, our law firm is empanelled or has done work with with several PSUs / government entities like SEBI, RBI, NHAI, JNPT, MMB, MSRDC, Mazagaon docks and others.
• Legasis is associated with the Pune Smart City project, in collaboration with PSDCL, GCNI ( UN affliated ) and Vision 360. We are working on IT solutions on compliances (Legatrix ); Contract management for public procurement services ( Carrar ) and Citizens Charter ( Roznama).
• Ms Ranjana Kumar is on our Advisory Board. She has been a prominent Indian banker with 44 years of experience. She retired as Vigilance commissioner from the CVC. She has held significant positions like CMD of Indian Bank, Chairman of NABARD, etc. She has won many awards and is an Independent Director in some companies.
Legal and compliance support for government companies
© 2017 Legasis Services Private & Confidential
Group Companies
How Legasis can help government companies
Solutions• For
comprehensive monitoring, managing and reporting on compliances, contracts, litigations and IP assets
• Continuous IT and knowledge update to ensure real-time compliances on IT platforms.
Consulting• For end-to-end
audits and gap assessments
• Consulting for compliance guidelines and best practises
• Compliance training of employees and senior management
IPR Services• Detailed practice
on IPR covering Patent Drafting and Filing, Trademark filing, Copyright and Design Filing, Patent Prosecution, Prior art research, Claim Mapping, Competitive intelligence studies, Patent litigation support, White Space Analysis.
Counter-Fraud
• Training on Anti-bribery laws
• Anti-corruption compliances
• Dawn Raids
© 2017 Legasis Services Private & Confidential
Group Companies
Compliance for government companies
LAWS
• Asset Laws• Corporate Laws• Commercial
Laws• Human
Resources Laws• Environment,
Health & Safety Laws
• Taxation Laws (Direct & Indirect)
• Export/Import Laws
• Industry Specific Laws
• Municipal Laws• Other Laws
Guidelines and Policies • Compliance
with guidelines of CAG/CVC and other governmental agencies
• Compliance with internal policies, SOP’s and guidelines
• Linking risk and strategy plans with compliances
IT
• Online platform• Customisable
dashboards• Real-time
compliance health
• Role-based access
• Auto-generated reports
• On-site hosting• Central
repository and archive
Updates
• Real-time update to laws (changes and amendments)
• Verification and validation of laws
• System updates for continuous improvement
Support
• Comprehensive support at multiple levels
• Industry best SLA’s
• Proactive query management
• Training and awareness on compliances
© 2017 Legasis Services Private & Confidential© 2016 Legasis Services Private & Confidential
THANK YOU
© 2017 Legasis Services Private & Confidential© 2016 Legasis Services Private & Confidential
Our Solution
© 2017 Legasis Services Private & Confidential
Hallm
arks
Commitment from senior management
Code of Conduct and Compliance Policies and Procedures
Oversight, Autonomy, and Resources
Risk Assessment
Training and Continuing Advice
Incentives and Disciplinary Measures
Third-Party Due Diligence
Confidential Reporting and Internal Investigation
Continuous Improvement: Periodic Testing and Review
Legasis' Compliance Management Solution (Legatrix) is Based onOECD Guidelines
© 2017 Legasis Services Private & Confidential
Comprehensive
Compliance Management Solution
Online, Automated IT
Solution
Real-time Status
Centralised Repository and
archiveRisk TrackingAll applicable
lawsImmediate updates to legal
changesRole-Based Access
WHAT IS
© 2017 Legasis Services Private & Confidential
KEY BENEFITS OF
One – stop multi jurisdictional and cross functional visibility of the organization`s compliance status.
Calendar based compliance reporting.
Helps in identifying, preventing and responding to breaches of laws/non-compliances.
Assists in evaluating internal policies and procedures in line with Global benchmarks and the legal framework of a Country.
Significantly optimizes the audit process (internal and external)
Maintains a log of licenses/devices due for renewal.
© 2017 Legasis Services Private & Confidential
Smart Repository IT Features
• Exhaustive Repository of Compliances under Central/State and Local Laws
• Proper Classification of legislations and categories
• Grouping of tasks• Events across the legislations• Risk Classification
• Web based Solution • Role based access controls with
flexible orgonogram• Compliance Calendar• Various Dashboard (Graphs) with
drill down capabilities• Search engine for Document and
Task Search• Posing risk of Non compliances
reporting• Show Cause Notice Tracking• Online link to Web based filling• Forms and register formats• Ability to include Internal
compliances• Auditors Role
• Intelligence event/topic wise filtering
• Out of Office Facility• Matrix Report• Dynamic compliance certificate
with action taken report• SHW Module(Optional)• CSR/BR Module(Optional)• Whistle Blower Module• Advisory services• Legal Update Notifications• Event Compliances• Highly Customizable as per the
need
Legatrix Features
© 2017 Legasis Services Private & Confidential
Category of Laws Included ExcludedAsset Laws Owned Properties, 10
Year LeasedAcquisitions, Mortgages, Stamp Duty Related
Corporate LawsCommercial LawsHuman Resources Laws Immigration LawsEnvironment, Health & Safety LawsTaxation Laws (Direct & Indirect) Transfer Pricing, DTAA
Export/Import Laws Local country specific Legislations
International Trade Related Legislations
Industry Specific LawsAll Regulatory laws
Cross Country legislations – UK Bribery Act, FCPA, SOX Compliances, Dodd-Frank Act
Miscellaneous Social Media Compliances, Code of Civil Procedure, Criminal Procedure Code, debt recovery laws
33
Coverage of Laws
© 2017 Legasis Services Private & Confidential
Group Companies
FEATURES OF LEGATRIX
CUSTOMISABLE DASHBOARDS PROVIDE A ONE-STOP, REAL-TIME, BIRDS-EYE VIEW OF COMPLIANCE STATUS
CUSTOMISABLE REPORTS FOR INSIGHTS AND ANALYTICS.
AUTO-GENERATED COMPLIANCE CERTIFICATE
© 2017 Legasis Services Private & Confidential
Group Companies
FEATURES OF LEGATRIX
EFFICIENT COMPLIANCE CALENDAR WITH ALERTS AND ESCALATIONS, TO ENSURE NO COMPLIANCE IS MISSED
LAUNDRY LIST OF ALL APPLICABLE COMPLIANCE TASKS WITH MULTIPLE, CUSTOMISABLE FILTERS FOR CASE-SPECIFIC ANALYSIS
© 2017 Legasis Services Private & Confidential
Group Companies
HIGH-LEVEL IMPLEMENTATION PROCEDURE
.
INTEGRATION OF ORGANOGRAM
AS-IS ANALYSIS
CUSTOMIZATION TO SUIT YOUR REQUIREMENTS
USER MAPPING
DASHBOARD CUSTOMISATION
GOAL - TO ENSURE 100% COMPLIANCES