29 March 2023
Corporate Newsletter – March 2023
Corporate Retainer Services – What is it and why is it important?
Legal and compliance are pivotal parts of business growth either in matured industries (such as manufacturing, traditional banking) or fast-paced growing industries (such as technology, health innovation). With growing countries (such as Indonesia) are catching up with COVID impact, regulators are keen to revisit regulations to provide ease to the businesses.
The following newsletter is intended to provide general view of retainer services especially in relation to corporate matters.
The What
With the needs of legal and compliance assistance, it is common for independent lawfirms to offer retainer services. Essentially, retainer is designed to provide ease of access to counsel when unforeseen event/needs occurs or to maintain regular updates, with preferable rate.
The Why
Cost control
At the onset, retainer fees are higher compared to hiring in-house counsel. However, the quality of counsel-in-charge under the retainer arrangement should also be considered.
Retainer fees are normally consist of blended rate which means it covers partners’ and associates’ rates; hence the review quality would be significantly enhanced.
Consistent awareness of regulatory trends
It is not uncommon for regulators to engage counsel when reviewing new regulations and discussing impact of the said new regulations. Hence, counsel could be considered as the party who will receive first hand information and therefore eventually benefiting the businesses/clients.
Maintenance of compliance
With the rapid progress of regulatory changes and updates, it is expected that changes to legal requirements are inavoidable. This could then be tackled by having retainer services which would also lead to consistent awareness of regulatory trends and therefore timely adjustment to the trends.
Establishing the Needs of Retainer Service
The following sets of questions are our main suggestion when clients request our view to establish whether a retainer service is needed. If the answer to most of the questions is yes, then a retainer is necessary.
- Is there any set of reporting that the company needs to submit on frequent basis eg monthly or quarterly?
- Is there an identified lack of legal and compliance resources within the company?
- Is there any specific business objective that would require clean compliance? For example, planned merger or acquisition or government-to-goverment deals.
- Is there any identified absence of mitigation plan in case of audit carried out by regulator?
- Is there an identified gaps of legal and compliance standarised approach within the company or the business?
We are happy to further discuss your needs of retainer, and we hope the above provide clearer picture of the essence of retainer service.
Download PDF version here.
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MURZAL & PARTNERS
For more information, please reach us at Murzal & Partners Law Firm to:
e-Mail: info@murzallawfirm.com
Telp: +62 21 29930869
Whatsapp: +62 81211122884
Linkedin: Murzal & Partners Law Firm
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