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TheCorporateCounsel

TheCorporateCounsel.net

A basis for research and practical guidance focusing on federal securities laws, compliance & corporate governance.

DealLawyers

DealLawyers.com

An educational service that provides practical guidance on legal issues involving public and private mergers & acquisitions, joint ventures, private equity – and much more.

CompensationStandards

CompensationStandards.com

The “one stop” resource for information about responsible executive compensation practices & disclosure.

Section16.net

Section16.net

Widely recognized as the premier online research platform providing practical guidance on issues involving Section 16 of the Securities Exchange Act of 1934 and all of its related rules.

PracticalESG

PracticalESG.com

Keeping you in-the-know on environmental, social and governance developments

EU’s new Corporate Sustainability Reporting Directive (CSRD) requires the first group of regulated companies – 11,000 or so large EU companies already reporting under the existing Non-Financial Reporting Directive (NFRD) – to report on 2024 data in reports published in 2025. Assurance of sustainability information will be required as well. But are companies ready for the reporting or assurance mandate? Probably not, according to this recent article from Responsible Investor:

“How prepared then is the market to assure the coming tide of disclosures? ‘Not fully prepared, to put it mildly,’ according to Wim Bartels, a senior partner at Deloitte… Questions and uncertainties abound when it comes to the CSRD. This is partly due to its unprecedented depth and breadth, both in terms of disclosures and who discloses, but also to a lack of clarity on how it will be implemented… ‘There is very, very little time to prepare,’ says Hilde Blomme, deputy chief executive at Accountancy Europe…”

Companies frequently engage auditors to assist in preparing for new audit/assurance requirements, but that may not be possible in this case. Companies may have to do more themselves:

“The lack of maturity in the market means companies must be their ‘own assurers for a while in many ways, [Carmen Lu, counsel at New York City law firm Wachtell, Lipton, Rosen & Katz] adds. Companies should focus on making sure that they have the right internal processes and procedures in place, [she] says. ‘You should not rely on your assurer to catch your mistakes'”.

A follow up blog tomorrow will cover even more concerns for companies concerning capabilities and availability of auditors to conduct CSRD assurance. The bottom line – as we have said over and over – companies should already be preparing for reporting. If you aren’t sure where to start, our checklist 7 Things You Need to Know About the EU’s CSRD is a good place to start, along with other member resources on individual elements of reporting.

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The Editor

Lawrence Heim has been practicing in the field of ESG management for almost 40 years. He began his career as a legal assistant in the Environmental Practice of Vinson & Elkins working for a partner who is nationally recognized and an adjunct professor of environmental law at the University of Texas Law School. He moved into technical environmental consulting with ENSR Consulting & Engineering at the height of environmental regulatory development, working across a range of disciplines. He was one… View Profile