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Canadian Companies Slow to Follow Compliance Laws

Only 10 per cent of top executives feel their peers are fully compliant with C-SOX legislation

Toronto, ON - March 13, 2007 - A Canadian study commissioned by Symantec Corp. (Nasdaq: SYMC) and conducted by Info-Tech Research Group has revealed that only 10 per cent of executives believe Canadian businesses are fully prepared to conform to Bill 198 compliance legislation. Moreover, only 67 per cent of C-level respondents reported having a clearly defined role in supporting compliance processes, while 45 per cent of executives polled regarded the legislation as unnecessary.

Ontario's Bill 198 and sister legislation in other provinces were passed to create a framework equivalent to the U.S. Sarbanes-Oxley Act. "C-SOX" requires publicly held companies to disclose their processes for testing and maintaining secure internal financial systems before implementing their plans over the course of 2007.

The Symantec survey was conducted during the month leading up to and immediately following a critical Dec. 31, 2006 deadline for companies to report on investor protection processes they plan to implement in 2007. Despite the deadline, stiff penalties, and the legislation's intentions, more than half (55 per cent) of respondents from across Canada indicated their companies were, at best, "mostly but not completely compliant." An additional 35 per cent indicated their companies were only partially compliant. At the same time, 63 per cent of respondents indicated their companies spent less than half of one per cent of revenue achieving C-SOX compliance, and one-fifth of those spent nothing at all.

Additionally, 54 per cent of C-level executives were unsure how their companies would meet C-SOX requirements and almost a third (31 per cent) indicated they are not automating compliance processes with software despite the business performance advantages of doing so.

Regionally, respondents from Quebec (52 per cent) felt the strongest that Canadian companies had not done enough to prepare for the Dec. 31 deadline while executives in Ontario were the most optimistic - with only 28 per cent having the view that companies would not meet the deadline.

"The results of this survey indicate that companies are not working fast enough to conform with Bill 198 despite the potential for major fines, damage to reputation, and even jail terms of up to five years," said Constantine Karbaliotis, Canadian senior compliance business specialist, Symantec Corp. "There also seems to exist some confusion with regards to who within an organization is responsible for compliance. It's undoubtedly a big job. That being said, the expertise and solutions companies like Symantec offer are designed to help businesses understand and capitalize on C-SOX-associated advantages, such as improved trust and confidence from both customers and shareholders."

With only nine months left until plans must be fully implemented, Karbaliotis advises executives responsible for compliance to make the effort an organizational priority. He also urges companies to carefully consider the benefits offered by software-based automation tools intended to make financial disclosure less labour intensive and less expensive to prove compliance to auditors and regulators.

Not All Doom and Gloom
In spite of results that point to a general malaise about Canadian corporate fiduciary responsibilities, the Symantec survey did find a percentage of companies are meeting their legislative requirements as outlined by Bill 198:

  • Twenty-eight per cent of respondents indicated that, while some differences exist, roles and responsibilities within the corporation were aligned to effectively support compliance processes.
  • Though seven per cent of executives admitted their company missed the Dec. 31 deadline for submitting an action plan, 43 per cent met deadlines with a bare minimum of effort, implying no investment in processes or tools.

"Meeting first-year Bill 198 deadlines was only half the battle, and, unfortunately, a high level of both inaction and resistance to Bill 198 has forced many Canadian companies into a risky game of procrastination," said Ed Daugavietis, senior analyst, Info-Tech Research Group. "Rather than wait any longer, Canadian companies would benefit from process automation before manual ones reach the breaking point. We expect to see growing numbers of companies playing 'catch-up' as they embrace software automation to bring themselves up to the regulatory benchmark and adjust their processes for greater clarity, transparency and control."

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