Governance structures & directors’ duties
Legal advice on governance frameworks, allocation of roles and competences, board and committee structures, delegation models, directors’ duties and reliable decision-making and control processes.
GOVERNANCE, COMPLIANCE & RISK MANAGEMENT | LIECHTENSTEIN · EEA · INTERNATIONAL
Governance, Compliance & Risk Management
Bergt Law advises and represents businesses, financial intermediaries, board members and international clients on the legal design of governance structures, compliance frameworks and risk management systems. We support preventive structuring, regulatory analysis, internal rulebooks, investigations, remediation projects and cross-border matters connected with Liechtenstein, the EEA and international standards.
A particular focus lies on practical and legally robust solutions: from governance and compliance documentation to trainings and seminars, as well as targeted reviews, AML checks, on-site inspection simulations and the review or preparation of complete internal control systems (ICS).
Our work comprises legal advice and representation, legal reviews, training and specialist legal opinions. It does not replace operational management, outsourced control functions, statutory audit or inspection functions, or other regulated non-legal services.
LEGAL FRAMEWORK · COMPLIANCE SYSTEMS · RISK CONTROL
Legal advice for effective governance and compliance structures
Governance, compliance and risk management are not limited to formal paperwork. What matters is a system that works in day-to-day operations, clearly allocates responsibilities, addresses regulatory expectations and strengthens the decision-making capacity of management bodies and control functions.
Compliance frameworks & internal policies
Preparation, review and amendment of compliance policies, codes of conduct, internal directives, control descriptions and rulebooks aligned with the business model, risk profile and regulatory environment.
Risk management & control environment
Legal support in designing risk management systems, control architectures and escalation processes, with a focus on responsibilities, documentation, traceability and regulatory resilience.
Trainings, seminars & fit and properness
Compliance and risk trainings, in-house seminars and workshops for staff, management and governing bodies. Depending on their design and documentation, they may support statutory or supervisory training requirements and fit-and-proper expectations and can be documented as evidence of training.
Compliance reviews & AML on-site simulations
Advice on due diligence obligations, anti-money laundering frameworks, risk classification, KYC and onboarding processes, sanctions compliance, monitoring duties and the legal design of internal control and documentation processes. Targeted compliance reviews, topic-based assessments, AML readiness checks, as well as on-site inspection simulations and related training to prepare for supervisory reviews and internal control situations.
ICS, gap analysis & remediation
Preparation of complete internal control systems (ICS) for financial intermediaries or review and amendment of existing systems, including gap analyses between the current and target regulatory state and concrete remediation measures.
FOCUS AREAS
Our focus areas in governance, compliance and risk management
We advise with a special focus on legally sound, well-documented and practically workable solutions. This covers both preventive governance and compliance work and readiness for inspections, internal investigations and supervisory requirements.
Compliance & risk trainings
Compliance, AML, governance and risk seminars can be tailored to specific statutory or supervisory training duties and fit-and-proper requirements. Participation, content and duration are documented so that, where the relevant requirement permits, the training can be used as evidence of training.
Targeted reviews & inspection readiness
Simulation of supervisory AML/CFT inspection situations involving document requests, interviews, sample testing and review of typical control evidence. We also provide preparation training for management, compliance and operational functions.
ICS & gap analyses
Legal design of complete internal control systems for financial intermediaries or review of existing systems. This may include the control inventory, roles, frequencies, evidence, escalation, reporting and a structured current-state versus target-state analysis against relevant regulatory requirements.
Remediation & follow-up
Support in addressing identified weaknesses, prioritising measures, cleaning up documentation and organising structured follow-up with management and control functions.
Frequently asked questions
Practical questions in governance & compliance
What does governance advice cover in legal terms?
It typically covers the legal design of competences, governing bodies, delegations, control mechanisms, policies, escalation processes and documentation standards. The objective is a clear, reliable and workable framework for management and control.
Can Bergt Law legally prepare or review a complete internal control system ICS for a financial intermediary?
Yes. We can legally review and amend existing control systems or design a complete ICS from a legal perspective. Typical elements include the control inventory, responsibilities, control frequencies, documentation and evidence requirements, escalation, reporting and a regulatory gap analysis between current and target state.
Does Bergt Law conduct targeted compliance reviews and AML on-site inspection simulations?
Yes. We conduct legally focused, topic-specific compliance reviews and AML/CFT inspection simulations. These may include document requests, sample testing, interviews, control evidence, findings and remediation, as well as preparation training for the functions involved. They do not replace a statutory audit or inspection function.
Does Bergt Law provide compliance and risk training with evidence of training?
Yes. We provide legally grounded compliance, AML, governance and risk training and in-house seminars for staff, executive management, boards and control functions. Content, duration and attendance can be documented. Where the relevant statutory or supervisory requirement permits, the documentation may be used as evidence of training and to support fit-and-proper requirements.
Does Bergt Law advise on AML, KYC and sanctions matters?
Yes. We advise on the legal design and review of AML/CFT, KYC and sanctions compliance structures, including related risk, documentation, control and governance obligations.
Does Bergt Law support supervisory proceedings and cross-border compliance projects?
Yes. We advise and represent clients in regulatory inquiries, supervisory proceedings, remediation projects and communications with authorities. For international matters, we advise on Liechtenstein law and, where required, coordinate foreign-law aspects with specialised advisers.
Pragmatic, precise and risk-based
Our approach combines legal precision with practical usability. The objective is not merely formal documentation, but a governance and compliance system that works in practice, reduces risk, clarifies responsibilities and strengthens the decision-making capacity of businesses and their governing bodies.
Discuss a governance or compliance matter
If you are reviewing governance structures, refining internal policies, building a compliance framework or ICS, preparing for an AML inspection or clarifying a specific risk or supervisory matter, we would be pleased to assist.
