What is corporate compliance?
Corporate compliance is a management system aimed to prevent criminal activities of the company. Its mayor objective is to set up procedures and controls in order to detect and prevent an infringement of the laws that would involve penalties by setting up a corporate preventive culture.
What criminal risks might my company have?
Regardless of the company’s dimension, the activity of any given company requires the company to evaluate and analyze a series of risks to detect it and so establish controls that will mitigate or override criminal risks, and so avoiding penal responsibility for the company of criminal offenses:
- Crimes against intellectual property, the market ad its consumers.
- Receiving stolen goods and money laundering.
- Crimes against treasury and social security.
- Environment criminal activities.
- Traffic of influences.
Penalties and fines?
The fines that a company faces could be extremely serious, which may even result in the dissolution of the company.
- Proportional fines, being the maximum penalty of 5000euros, capped at 9, 000, 000euros in total with a maximum extension of 5 years.
- Suspension of the company activities during a maximum period of 5 years.
- Temporary or definitive ban to carry out the company’s activity of up to 15 years.
- Closing of premises and establishments, for a maximum of 5 years.
- Administrative ineligibility and ban access to tax incentives or social security, up to a maximum period of 15 years.
- Dissolution of the company.
What are the benefits of Compliance?
Having a compliance program set up in a company has a multitude of benefits of varied nature: preventive, economic, reputational, of market strategy, penal responsibility mitigation, etc…
However, the greatest benefit is the exemption or mitigation of the penal responsibility of the company as well as its directors. In other words, the commission of a criminal offence would lead to a possible sentence, nonetheless, with the effective establishment of a corporate compliance, the sentence could be reduced or, even, exempted.
What is the work method to be followed?
For the formulation of the preventions of risks manual, a series of legal consultancy is necessary, divided into five phases:
- Project launch.
- Identification, analysis and evaluation of the penal risks.
- Revision of the existing controls.
- Formulation of the prevention of penal risks manual.
- Advice on the execution of the prevention manual.