Understanding compliances for MSMEs the easy way

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In the complex and ever-evolving landscape of modern business, becoming a compliant MSME can be difficult but compliance also serves as the cornerstone upon which trust, transparency, and success are built.

There are two broader aspects of compliance that organizations must diligently adhere to: 

  • Corporate compliance, which involves following self-established rules and policies, and
  • Regulatory compliance, which pertains to adhering to external laws, regulations, and standards. 

 

This article explores what these broader compliance entail and their significance:

A. Corporate compliance

Corporate compliance refers to an organization’s commitment to following its own established rules, policies, and internal procedures. It serves as a framework for maintaining ethical conduct and aligning business activities with the company’s values. 

Here are some key aspects of corporate compliance:

i) Contracts and documentation

Contracts, deeds, invoices, and other legal documents form the foundation of corporate compliance. These agreements define the terms and conditions under which transactions take place, protecting the interests of all parties involved. Regularly reviewing and updating these documents ensures that they remain relevant and enforceable.

ii) Regular Audits

Scheduled and thorough audits are essential for corporate compliance. They help identify irregularities, ensure financial transparency, and demonstrate a commitment to ethical business practices. These audits may cover various aspects, including financial records, internal controls, and operational processes.

iii) Ethical code of conduct

Establishing and maintaining an ethical code of conduct is vital for corporate compliance. This code guides employees in making ethical decisions, maintaining the company’s reputation, and fostering a culture of integrity within the organization.

iv) Employee Training

Properly educating employees about the company’s rules and policies is crucial for corporate compliance. This includes providing training on the code of conduct, compliance with anti-discrimination laws, workers safety, data privacy and cybersecurity best practices, among other topics. These training initiatives minimize risk, ensure workplace safety, and create a more inclusive workplace. 

v) Internal Governance:

Well-defined corporate compliance frameworks contribute to effective internal governance. This includes clear lines of authority, accountability structures, and mechanisms for conflict resolution within the organization.

 

B. Regulatory compliance

Regulatory compliance, on the other hand, focuses on adherence to external laws, regulations, and industry standards that apply to a specific business. 

Regulatory compliance can be further categorized into various areas, including tax compliance, licensing, trademark and intellectual property compliance, and industry-specific regulations.

i) Tax compliance

Tax compliance is one of the most critical aspects of regulatory compliance. Businesses must accurately report their income, pay taxes on time including business tax and taxes on profit and VAT, and adhere to tax laws and regulations. Failure to do so can lead to severe financial penalties and legal consequences.

ii) Licensing and permits

Many businesses require licenses, permits, or certifications to operate legally. These requirements vary depending on the nature of the business and its location. Ensuring that all necessary licenses and permits are obtained and kept up-to-date is crucial for regulatory compliance.

iii) Trademark and Intellectual Property compliance

Protecting one’s own intellectual property, such as trademarks, copyrights, and patents, and making sure businesses don’t infringe others intellectual property is a fundamental aspect of regulatory compliance. 

Unauthorized use or infringement can lead to legal disputes and damage a company’s reputation.

iv) Industry-specific regulations

Different industries have unique sets of regulations that businesses must adhere to. 

For instance, food processing enterprises must follow food and health regulations.

Staying informed about and complying with these industry-specific regulations is essential.

v) Environmental and Social Compliance:

Increasingly, regulatory bodies are emphasizing environmental and social responsibility. MSMEs need to be aware of and comply with regulations related to environmental sustainability and social impact, which may include waste disposal, energy usage, and community engagement.

vi) HR and Labor compliance

Businesses must also adhere to the country’s human resource and labor laws and regulations, which cover aspects such as employment contracts, working hours, wages and benefits, working conditions, health and safety, leaves, and termination procedures to ensure fair and lawful employment practices.

Now, with all these compliance needs in so many areas, MSMEs may feel intimidated. Having to manage daily business operations alongside navigating compliances and meeting their deadlines can be a nightmare.

To ensure stress and hassle-free compliance, businesses can always seek help from professionals to remain on the right side of regulatory mandates. There are professional service providers who can help you with accounting, labor, tax, legal and several other mandates.

Remember, there are many benefits associated with becoming a compliant business. One such advantage is it enhances MSMEs’ credibility when seeking financing from banks or investors. Financial institutions often require businesses to meet certain regulatory standards before providing loans or investments.

Corporate and regulatory compliance are the twin pillars that support a successful, ethical, and sustainable business.

Failing in either aspect can have serious consequences, including financial penalties, legal action, and more importantly, damage to a company’s reputation. 

To thrive in today’s business environment, it is imperative for organizations to prioritize and maintain both corporate and regulatory compliance diligently.