Corporate Compliance

Most countries -and so Spain-, have enacted the direct liability of companies and legal entities for certain breaches committed within them, when the organization lacks or fails to fulfil suitable compliance programs, or organization processes useful to ensure law compliance and prevent crime offences and law breaches- “Corporate Compliance” (e.g. trade regulations, consumer protection, anti-trust, environment, land zoning, intellectual property, tax, and social security frauds, bribery – public and private- etc.). Spain has enacted this regulation at the Criminal Code, enacting the corporate direct criminal liability.

To help our clients we have multidisciplinary, experienced teams with deep knowledge and acquainted with the law as well as businesses, companies and organizations.

In this field our professionals provide high value advice focused to businesses and subject legal entities (companies, associations, foundations and non-for profit entities, etc.) and their respective shareholders, members, and investors, Directors and managers –it must be noted that taking Director and managerial positions implies direct personal liability involving the personal assets, which is particularly important after recent law reforms regarding criminal liability-:

• Implementation: we advise and provide support the implementation of processes that are suitable to the size and characteristics of each organization, we identify requirements, design and propose processes, and help monitoring operation and adjustment over time. This, in sum, helps professionalizing management and adds value to the organization. In case of multinational groups, we take into account the Group corporate compliance systems, integrate them in setting the compliance systems with local requirements, on a consistent basis.
• Operation of compliance programs: We advise Compliance Officers in exercising their duties.
• Whistleblowing service. We offer an independent whistle blowing service.
• Meetings with Board of Directors, and management bodies: we advise in corporate compliance issues and incidents that require submitting evidence of compliance program, to qualify for exemption or attenuation of corporate liability.

This also enables the company or organization to undertake any challenge, objectives, and strategic projects with other players requiring similar standards of corporate compliance, and to be suitable for investment or divestiture transactions in the best possible conditions. We help maximize the value of a company or organization.