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How to Start a Non-Profit?

How to Start a Non-Profit?

Thinking of entrepreneurs and multinational organizations, we talk about the humongous profits they have generated since their inception. Flip the coin, and we see a good number of them rendering service to the society by creating non-profits with specific purposes.

Establishing and running a non-profit business is highly rewarding and inspires you to make a meaningful difference in society. It’s a fitting way to give back to your community. In the process, you also stand a chance to receive public and private donations and enjoy tax-exempt status.

However, like any business, starting a non-profit organization demands strenuous effort with utmost dedication and thorough planning. You need todo some groundwork and follow the important steps to successfully combat any challenges that throw up.

Identify the mission

This is the most important step that clearly communicates your non-profit’s purpose. Whatever glaring issues you see in your community, you can put it across in words that inspire action. The mission can serve as a guide to develop and expand your non-profit business. The mission should attract funding sources and key players to join hands for the betterment of society.

Apply for a Non-Profit Status

This should be done at the earliest since it can take a couple of years to get the approval. It’s great to seek legal help from an advocate with a solid background. You should apply for the tax-exempt 501(c)(3) status. You can also apply for federaltax-exempt status only if you meet certain conditions. It’s important to keep all legal requirements in place during the early stages.

Develop Your Leadership Team

Your team of board of directors and volunteers is the driving force of your non-profit set up. This team is the one that supports fundraising and outreach efforts and also provides insights for development.Your board will be responsible for recruiting, board development, training and evaluation to ensure long-term success. Having independent members helps guard against misuse of charitable assets and prevents a conflict of interest.

Create a Website with an Online Donation Page

A website for your non-profit is a powerful marketing tool that can attract numerous visitors who think alike. It’s important to give specific information about your organization and future plans and developments.An online donation page can kick start your fundraising campaign immediately and proves to be effective in the long run.

Legally Incorporate Your Non-Profit to Begin Operations

This is crucial as incorporating your non-profit with a specific structure gives credibility to services rendered. Importantly, it limits the liability of your team members and board of directors. Your business can produce organizing documents and governance policies to the IRS.

Find Local Partners for Support

Identifying and tying up with local partners within your community can do wonders for the business and society. The local network builds your brand’s reputation and keeps the momentum going. They will particularly be important for outreaching activities and to unlock potential donors. These can include:

  • Local businesses
  • Other non-profit organizations
  • Municipal offices in the locality
  • Schools and colleges in the surroundings

Secure Initial Funding

Finding fundraisers and attracting grants can be a major challenge during the initial stages. Your team and the local network play a prominent role in helping your non-profit secure initial funding. It’s also important to educate your team about the grant writing process. Do thorough research and follow the steps of grant writing.

You have to identify grant opportunities and refine your goals and strategy before going ahead. Having a powerful case for support can be an added bonus to attract donors.

Keep Developing Your Brand

Having a brilliant idea to serve society is one thing. Getting people to talk about it and garner their interest is another. Switch gears and encourage your supporters to go all out while you take actions to go viral online. This has to be a continuous process and, it takes patience and creativity to see through.

Get Ready with Annual Reporting Requirements

Since your non-profit is exempt from tax, you have to file form 990 with the IRS. It’s open to public inspection and comprises of the programs & activities, the finances, the policies, the board of directors and other important staff members. You must organize the annual reporting requirements on the lines of your state’s legal requirements.

Plan for Growth

The hard work has paid off. You have successfully kick-started your non-profit venture. But don’t stop there. Plan for the future and make efforts to invest your time and money in your non-profit’s growth and expansion. Develop a blueprint of the plan with specific actions to incorporate to make the process smoother.

You can empower your non-profit with some state-of-the-art tools like:

  • Automated CRM system
  • Advanced digital donations tools
  • Robotic marketing systems
  • Tools for volunteer and member management

Adjust and adapt

Your non-profit’s strategic planning should encourage external professionals to pitch in their ideas and offer suggestions for growth. Down the line, a certain program may no longer serve your purpose. You have to welcome new perspectives and create new events to foster excitement among volunteers and the public. It’s all about adjusting and adapting to the situation and the changing demands.

The Most Common Mistakes Most Non-Profits Commit

Alright, we have gone through a detailed study of the important processes required to be followed in ensuring a successful non-profit venture. However, there are some common mistakes nearly all non-profits are susceptible to. It’s important to be aware of them and take measures to prevent them from haring your non-profit venture. These are:

Poor research and planning

Not planning enough is a sure-fire way to let your non-profit dreams go down the drain. This happens due to a lack of researching and without a clear evaluation of the challenges and sources of funding.

Lack of financial knowledge

Most founders have unrealistic expectations about funding and have no idea about how much it costs, including the source. Not setting up a sound financial system weakens the foundation and cannot sustain itself in the long run.

Assuming it’s easy to start a non-profit

This is a leading mistake most founders commit while planning to start a non-profit. Incorporating a non-profit and applying for exempt status with all the requirements is a lengthy and strenuous process. A logical approach, with unbound passion, is critical.

Not building an effective board

Your board members are the source of influencing and inspiring the public about your non-profit. An ineffective board spells doom for your venture as it fails to draw volunteers and donors; important to ensure success and growth of your non-profit organization.

Not building a strong rapport with donors

What’s the point of all the planning and execution with a strong board of directors if you don’t strike a good relationship with donors? Remember, fundraising is all about building and nurturing a healthy relationship with your donors. You have to stay in touch with them and show gratitude even after receiving funds.

By doing this, you will be able to build a network of donors who will be more than happy to make worthwhile contributions to your non-profit. Also, seek different donors and never stick to just one. You stand a greater chance of raising more funds when you have a network of donors to approach.

Breaking confidentiality

Maintaining your non-profit’s confidentiality is the essence of maintaining the reputation of the organization and of society. By breaking confidentiality, you clearly give a wrong impression to the public and, that can be detrimental to your organization’s success.

Not cultivating board diversity

Your initial board can include your friends and family members. However, creating vacancies only for other friends and relatives can limit expansion possibilities and creates a lack of awareness. Members from diverse backgrounds can bring in distinct skills and varied insights to ensure success and create better awareness in society.

A Final Word

Just like for-profits businesses, non-profit setups too face several challenges. Tasting success takes time and, the support you expected isn’t overwhelming initially. However, it’s important not to let discouragement take over your dreams and potential goals.

Take all the time required to organize your plan and keep a checklist of the measures critical for your non-profit. Do in-depth research, gather extensive knowledge about non-profits and keep an action plan ready for potential challenges that may arise.

Remember, you did not venture into non-profit because it’s easy. The only motto of any non-profit organization is to make the world and the communities that reside in a better place favourable to all.

Now that you have made the decision to start your own non-profit, educate yourself with the entire gamut of the process to initiate, develop and progress towards bigger goals. Be a continuous learner and always seek resources (online & elsewhere) to arm you with the latest insights and procedures. And, always seek insights from other non-profits, including professional advice from those who know the changing needs of society.

Business

Honest services wire fraud and the need for caution on multilateral development bank projects

Honest services wire fraud and the need for caution on multilateral development bank projects 1

By Joshua Ray, Legal Director, Rahman Ravelli www.rahmanravelli.co.uk

A recent court case extended US prosecutors’ extraterritorial reach for tackling corruption. Joshua Ray explains the implications for those accused of wrongdoing on multilateral development bank (MDB) projects

Imagine the following scenario: You are an executive for a Paraguayan construction firm that has just secured a contract with the Paraguayan government to build a hospital in that country.  The scale of the project means you will need to hire a number of subcontractors and, as you are in charge of choosing those subcontractors, you decide to seek bribes from those wanting the work. Such action is ill-advised and morally problematic. But as commercial bribery of this sort is not illegal in Paraguay, you may have breached your company’s code of conduct but you have not committed a crime under Paraguayan law.

Yet, unfortunately for you, the funds for the hospital were loaned to the Paraguayan government by the World Bank via a wire transfer from its Washington DC headquarters.  And under a recent decision from the US Second Circuit Court of Appeals, United States v. Napout, you may have just committed “honest services” wire fraud under US law—even though you never stepped foot out of Paraguay and did not break your home country’s laws. The Napout decision is important as it expands the extraterritorial reach of US prosecutors’ anti-corruption efforts.  For the reasons that I detail below, it has significant implications for foreign businesses, especially those engaged in projects sponsored by multilateral development banks (MDBs), whose financing comes from the US.

As they did after the 2008-2009 financial crisis, the World Bank and other MDBs are counteracting the current virus-induced global economic downturn with plans to deploy hundreds of billions of dollars in loans, primarily to governments in the developing world.  Much of this will be parcelled out to private sector entities to construct hospitals, testing facilities, sanitation systems and other important infrastructure. Such projects carry the risk of corrupt local officials and business leaders siphoning off such funds for themselves. MDBs are mandated by their charters to take all reasonable steps to combat fraud and corruption on MDB-financed projects.  They do not have law enforcement powers but they satisfy their mandate by building provisions into their contracts with direct borrowers (e.g. governments) that compel the borrowers to adhere to the highest ethical standards during the execution of MDB-financed projects.  MDB contracts require borrowers to give the banks freedom to audit any of their books and records that relate to MDB funds.

This right of an MDB being able to audit the books extends to any indirect beneficiaries of MDB funds for a project, such as suppliers, consultants and contractors. Such third parties must also agree to submit to the MDB’s jurisdiction to investigate and sanction them for corruption, fraud or other misconduct. Punishments imposed by MDBs can be harsh, and can include debarment; where a company is prevented from bidding on MDB-financed projects for a number of years or even indefinitely.  When an MDB uncovers misconduct through its own investigations it can – and often will – refer its findings to national law enforcement agencies; which can mean even more serious problems for those investigated.

The significance of the Napout decision regarding such situations is that it enables US prosecutors to pursue MDB-related bribery even when the purported wrongdoer is not subject to the US Foreign Corrupt Practices Act. Prosecutors can now pursue suspects for such bribery even if that suspect is not a US company, issuer or agent and has no other connection to the US.

The Second Circuit’s Decision

The appellants in Napout, Juan Angel Napout and Jose Maria Marin, were two former executives at football’s world governing body, FIFA. They had been convicted of using their positions to obtain millions of dollars in bribes relating to the sale of marketing and broadcasting rights. Napout had been president of Paraguay’s national football federation and Marin held the same post in the Brazilian football federation.

They both appealed on the basis that their convictions were the result of impermissible extraterritorial applications of the US honest services fraud wire statute.  The crux of their argument was summed up by Napout’s counsel, who argued that the US had no authority to police the relationship between a Paraguayan employee and his Paraguayan employer and an alleged scheme involving South Americans that took place almost entirely in South America.

The issue of whether the honest services fraud wire statute had been improperly extended to extraterritorial conduct was then reviewed by the Second Circuit. It concluded that as long as a wire fraud scheme involves a wire transmission from, into or through the US that is “essential” or more than “merely incidental” to the overall crime, the extraterritorial application of US law was permissible.

The appellants argued that honest services wire fraud was a materially different crime than regular wire fraud, as the focus of honest services wire fraud was not the use of the wires but the bad-faith breach of a fiduciary duty owed to the scheme’s victim. They argued that as the actual conduct underlying an honest services fraud scheme occurred abroad, it could not be prosecuted in the US solely because it used US wires.  But the Second Circuit disagreed: all that was required to uphold Napout’s and Marin’s convictions were facts showing that the use of US wires in their case (transfers of bribes in and out of US banks) was “essential” to their scheme. On that issue, the Court easily determined that the wires were essential: at least $2.4M of Marin’s payments were sent to his New York bank account and $2.5M of Napout’s were paid in US dollars generated by wire transfers originating in the US.

Implications for Participants in MDB-Financed Projects

The decision in Napout is relevant to MDB-financed projects as it clarifies the breadth of the honest services wire fraud statute and shows the ease with which US prosecutors can use it to target conduct that occurs almost entirely abroad.

The “honest services” variant of wire fraud is somewhat unique to US law and it is not universally recognised: a main piece of Napout’s defence, for instance, was that honest services bribery in a commercial context was not illegal where his conduct took place.  But in the Second Circuit’s view, this fact was largely irrelevant.  The Court ruled that the men had violated the statute by knowingly violating their duties to FIFA under the organisation’s code of ethics.

So, what does this mean in practice?  The Napout decision confirms that the reach of US anti-corruption efforts extends far beyond the bounds of the FCPA; which applies only to bribes paid to “foreign officials” by US issuers, domestic concerns or their agents.  Using an approach based on honest services fraud, all that US prosecutors need in order to have jurisdiction is for an “essential” US wire to be used in the scheme.  As several of the main MDBs are based in the US – including the World Bank and Inter-American Development Bank – a fraud or corruption scheme involving MDB money could easily make “essential” use of a US wire transmission; thus rendering the offenders subject to possible US prosecution.

This is an important point for companies and individuals participating in MDB-financed projects to keep in mind: even if commercial bribery is legal (or at least widely accepted) in the country where the project takes place, if the ultimate funding is flowing from the US then extreme caution must be taken to ensure that US wire fraud statutes are not violated.  This is particularly critical for projects taking place in developing countries where accepted business practices have not yet caught up with norms elsewhere.

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Business

Do your contracts and policies stand up to the Covid-19 test? A view from the UK

Do your contracts and policies stand up to the Covid-19 test? A view from the UK 2

By Amy Cooper of Ius Laboris UK firm Lewis Silkin

The coronavirus pandemic and lockdown have stress-tested employment contracts and policies, with some showing signs of strain. What should you do now to make sure your employment documentation is ready for the post-Covid future?

A host of new issues for employers has arisen out of the pandemic, from health and safety concerns, to handling furlough and unanticipated homeworking. Employment contracts and policies were not drafted with the current situation in mind, yet restrictions on how people live and work could continue until a vaccine or effective treatment is found, possibly for years. And it seems likely that, as we gradually emerge from the shadow of coronavirus, it will be into a different world of work where home and flexible working is standard.

Furlough and changes to hours and salaries

In March, the UK government intervened to protect millions of jobs with its Coronavirus Job Retention Scheme, encouraging employers to furlough their staff rather than make redundancies. But most employers did not have any contractual right to ‘furlough’ or lay off staff. The concept of furlough leave was completely new and lay-off clauses in employment contracts are unusual, as are flexibility clauses that might allow an employer to reduce employees’ salaries or hours.

As a result, many employers have had to seek explicit agreement from employees to vary their terms where furloughing or changes to hours or salaries have been necessary to avoid redundancies.

Working from home

For those businesses that unexpectedly had to ask employees to work from home, there have been numerous other concerns. These include the health and safety of employees working in their homes, over which employers have little oversight and control.

Also problematic is the protection of personal data where employees are more likely to be using personal devices for work or work devices for personal reasons. And another issue is information security and confidentiality. This is more difficult to manage where employees are hosting calls and meetings at home with family members or housemates in earshot, or they do not remember to lock away any devices and documents.

Finally, grievances, disciplinaries and performance management problems may still need to be dealt with, albeit remotely. Most employers’ policies did not envisage or provide for this eventuality.

These concerns need to be managed in the short term, but they may also become longer-term issues for those employees who opt to work from home for the foreseeable future. Employment contracts should be updated as necessary, and certain terms such as place of work may need to be renegotiated.

Some employers may also wish to reconsider salaries. For example, some employees are paid a premium to work in central London: it may be decided that such high salaries are not justified if they do not need to live in London or spend thousands of pounds commuting. Conversely, if employees work from home, they may wish to be provided with home office equipment and possibly recover other expenses.

The workplace

Some work cannot be done from home and employees, such as those who work in factories, supermarkets or on building sites, have in many cases continued going to the workplace throughout lockdown. These employers have different problems, such as implementing new health and safety measures in the workplace and ensuring employees abide by them. They may also have new data protection issues as they seek to collect more health data about employees, which might require new policies or changes to their privacy notice.

An increasing number of employers will face issues of this kind as they start to plan for the return of staff currently furloughed or working from home.

Sickness policies

Employers’ policies on sickness absence and sick pay are unlikely adequately to cover employees who are self-isolating in accordance with government guidance but not unwell. Although we hope that Covid-19 will not be with us forever, it would be good practice to amend sickness absence provisions to set out expectations for employees who are either suffering from the virus, shielding or otherwise self-isolating. Alternatively, a temporary policy could be introduced covering these matters.

What should employers do now?

Amy Cooper

Amy Cooper

Some problems employers are facing will only require short term solutions, while others might need permanent changes to contracts and policies. Bear in mind that we may see a second wave of coronavirus in the coming months which might result in another lockdown, or there could be local lockdowns or further requirements for vulnerable employees to shield. Employers should think about whether they need any of the following:

  • A temporary homeworking policy dealing specifically with health and safety, information security and data privacy, supervision and management, provision of homeworking equipment or how to expense any necessary items. If employers think employees may wish to work from home much more in future, they should start considering what sort of permanent homeworking policy they may require.
  • An updated health and safety policy or a return to work policy that considers relevant matters in the workplace (e.g. masks, 1m+ distancing, safety equipment, cleaning, shared spaces, one-way systems) and also how to manage employees’ commute so as to reduce risks. A return to work policy could also deal with data privacy issues and new conditions on processing health information.
  • Revision of disciplinary, grievance and performance management procedures to cater for remote working, for example, holding meetings by video conferencing, accompaniment, conduct of investigations.
  • A temporary change to sickness policies to deal with employees who are not sick but are self-isolating, quarantined after returning from abroad, or ‘shielding’ because they are clinically extremely vulnerable. Employers may want to pay employees sick pay in these circumstances even if they’re not ill, for example, to prevent those who may be ill from coming into the workplace and infecting others. They may also wish to amend policies to deal with any notification or evidential requirements.
  • Any changes to contracts of employment? Employers may wish to consider a range of new contractual provisions, such as including a right to lay off employees if work diminishes, or rights to alter working hours, the place of work, or to redeploy employees (e.g. to cover work if other employees are sick). If an employee’s place of work is changing permanently, the employer may want to renegotiate the contract.

Employers should take advice on their specific situation before attempting to make changes to contracts and policies. This can be a troublesome area and, if not handled correctly, could lead to employees claiming constructive dismissal on the basis that the employer has committed a fundamental breach of the employment contract. And remember that, even where employees agree to changes, the employer is still constrained not to exercise its contractual rights unreasonably by the term of mutual trust and confidence that is implied into every contract of employment.

Employers should also bear in mind that if their contracts and policies are regarded too unfavourably, employees may simply vote with their feet and choose to work elsewhere. On the other hand, judicious changes to employment contracts of employment could give employers valuable flexibility to operate in the emerging, post-Covid world of work.

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Business

Board Report Highlights Complex Decision-Making Process Across Banking and Finance sector

Board Report Highlights Complex Decision-Making Process Across Banking and Finance sector 3

‘The State Of Decision-Making’ report from Board, reveals business decisions made in silos without modern planning tools

A third (33%) of Banking & Finance decision-makers believe decisions made in silos, despite majority (63%) of decisions being implemented worldwide

More than half (57%) of Banking & Finance decision-makers rely on spreadsheets for decision-making despite modern planning tools now available

The #1 decision-making platform, has today released ‘The State Of Decision-Making’ report focussing on how UK organisations make their important business decisions.

Based on a survey of 500 senior decision-makers, across industries including, Banking & Financial Services, Consumer Goods, Manufacturing, Pharmaceutical, Professional Services, Retail, and Transport & Logistics,  ‘The State Of Decision-Making’ report from Board shows that today’s business decision-making process is increasingly complex, with multiple departments and seniority levels all responsible for some form of decision-making, leading to a lack of cohesion between units and a waste of business resources.

The State Of Decision-Making’ research found that while a clear majority of respondents (63%) working within the banking and finance sector say the important decisions they are responsible for get implemented globally, the decision-making process itself is not joined-up across the business, with one third (33%) also saying that crucial business decisions are made in departmental silos.

The research, conducted on behalf of Board International by independent research organisation 3GEM, also asked respondents the tools they use to make decisions and, while almost every action within an organisation today will lead to the creation of new data, it seems many businesses are not using the crucial insights which data can provide to make important decisions.

More than half (55%) of respondents in the banking and finance industry said they were making business decisions based on data and insights, but ‘gut feeling’ decisions are still made by up to 44% of companies. What’s more over half (57%) of the sector’s companies still rely on spreadsheets to aid their decision-making, despite more modern and reliable tools now available.

“In today’s fast-paced, data rich and evolving business environment, making quick and effective decisions is critical to both compete and survive,” explains Gavin Fallon, Managing Director for UK, Nordics & South Africa at Board International. “Important decisions are being made at any one time across multiple business functions, but all too often, important decision-making is disconnected, modular or fragmented.”

The research also asked respondents about the challenges banking and finance decision-makers face at their organisation,  with nearly a third (29%) citing a lack of available data and insights and one quarter (25%) citing the fact there are too many people in the decision-making process as their biggest frustrations. However, industry decision-makers believe that the process can be improved with the introduction of new technology, with the majority (57%) of respondents saying this would make their decision-making better, while 41% also felt increased use of data and insights would help.

“Businesses have to plan every day for a far more uncertain future and set themselves up to prepare for change and keep changing against the backdrop of a more volatile and uncertain marketplace than ever,” continues Fallon. “A bad decision can have wide-ranging impact across the whole organisation and no business can afford to waste time and resources on bets that may or may not come off.  As the business environment increases in complexity, the ability to not just react, but predict, in real-time, becomes more important than ever.”

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