COMPLIANCE OR PROTOCOL OF ACTIONS

After the last reform of the Spanish Penal Code it is has been regulated more thoroughly the criminal liability of the Companies and Societies. Thus, today, all businesses and companies are criminally responsible for the crimes that are committed within their professional activity.

This can lead to high economic sanctions and economic penalties to the Company or the Society and it is always a serious problem for the sustainability of it, and even the activity of the company can be suspended by its owner or by express order of the judge or simply because it is force to do it because it is not able to cope with the economic sanction imposed by the judge.


Can we do something to prevent this from happening? The answer to this question is "YES"..

Legal entities may decrease and even exonerate themselves of criminal responsibility for crimes committed within their professional activity just because they have always followed the established Protocol of Actions and their professional activity is conducted according to it.

Proceedings that Protocol of Actions, or as in the legal world is called “Compliance" is an instrument for controlling the operation of the company according to the current legislation. This is so because the attribution of the responsibility to legal entities is defined in terms of criteria due compliance control and crime prevention.

To this end, each member of the Company or Society must know and act according the norms established in the Protocol.

Our law firm provides legal advice and develope a system of crime prevention and compliance. We also provide regular monitoring of proper implementation of the Protocol of Actions its adaptation to the legal standards.

Regarding "Criminal Compliance" we advise you about, among other issues, the design and development of standards of good governance of the company or corporation which consist in:

  • Write Protocol of Actions and assist in its implementation to the operation of the Company
  • Establish inspection bodies for the fulfilment of the Compliance within the company
  • Write the regulations for the Board that will be responsible for resolving issues related to the fulfilment of the Protocol of Actions.
  • Operation of the Board and Committees/li>
  • Write Codes of Ethics and Conducts
  • Periodic review and adaptations to those rules to the existing demands or recommendations at any time.
  • Collaboration in the preparation of the Annual Corporate Governance Reports and Annual Reports on Compensation.

Regarding the above, we provide comprehensive legal assistance in the preparation of bodies which will ensure the fulfilment and acting according the Protocol. We also provide support to our clients for treating and resolution of all kind of issues relating to corporate governance and to ensure internal implementation of the Protocol of Actions and, of course, legal assistance in possible lawsuits in which you have to demonstrate the fulfilment of the Protocol so the criminal responsibility of your Company can be decreases or even your Company can be exonerated of criminal responsibility.

If you need more information, please contact with us in: mjgonzalez@mgrabogados.com

MGR ABOGADOS EN MÁLAGA, TU DESPACHO DE ABOGADOS DE CONFIANZA