Both the position of President of the Board and Chief Compliance Officer carry significant responsibilities and risks in Switzerland, but they are distinct in nature and cannot be directly compared in terms of which one carries more responsibility and risk.
The President of the Board, also known as the Chairman or Chairwoman, is responsible for leading the board of directors and ensuring that the organization is properly governed and managed. The board is responsible for setting the organization’s strategy, providing oversight, and making key decisions. The President of the Board plays a critical role in ensuring that the board functions effectively and that the organization is operating in accordance with legal and regulatory requirements.
On the other hand, the Chief Compliance Officer (CCO) is responsible for ensuring that the organization complies with all relevant laws and regulations, as well as internal policies and procedures. This includes developing and implementing compliance programs, conducting risk assessments, monitoring compliance, and providing training and education to employees. The CCO also plays a critical role in identifying and mitigating compliance risks and ensuring that the organization operates with integrity.
Both positions involve significant responsibility and risk, but in different ways. The President of the Board is responsible for the overall direction and governance of the organization, while the CCO is responsible for ensuring compliance with legal and regulatory requirements. The specific level of responsibility and risk associated with each position will depend on the size and complexity of the organization, as well as the specific legal and regulatory environment in which it operates.
Marvin Rowe, LL.M.
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Blum, J. (2021). Board of directors’ responsibility for compliance: A Swiss perspective. Swiss Review of Business and Financial Market Law, 63(1), 1-28.