Compliance Reps and Warranties: Verification and Enforcement

The effectiveness of compliance representations and warranties depends not only on how they are drafted but also on how they are monitored and enforced. Without meaningful verification, compliance assurances may fail to identify underlying legal and regulatory risks. This third article in a series on representations and warranties examines the diligence, auditing, monitoring and enforcement mechanisms of companies. Parts one and two addressed the relevance, lifespan and negotiations of compliance representations and warranties. The final installment will cover changes that should be made to these provisions as risks shift. See our two-part series on how to maintain effective and secure long-term vendor relationships: “Understanding the Risks” (Jun. 20, 2018), and “Finding and Addressing the Issues” (Jun. 27, 2018).

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