The compliance or regulatory compliance program is a model of organization and management whose main objective is to exonerate a society from criminal liability and create a culture of business ethics within society.
In 2010 the criminal liability of legal persons for some crimes was introduced through the reform of the Criminal Code that same year. However, this modification did not take place until 2015.
The possibility for legal entities to be legally responsible for crimes that may be committed by administrators, managers or employees requires that companies adopt crime prevention policies, also known as Corporate Compliance. This type of program is characterized by the implementation of supervision and control systems to prevent such crimes.
Our compliance service includes:
1. Risk Analysis
The regulatory compliance program includes an examination of the existing risks for the company:
- Analysis of the nature and type of crimes that may be committed by a company.
- Identification of the activities in which the crimes that should be prevented may be committed.
- Comprehensive analysis of the company, its structure, operation and work methodology.
- Providing guidance to the company from the perspective of crime prevention.
2. Ethical code
Once the company has been analyzed, an Ethical Code will be developed with the aim of:
- Establishing the values of the company and creating the mechanisms that will ensure compliance.
- Establishing guidelines for conduct that will govern both the company and its workers.
3. Compliance Body
To ensure effective compliance with the program, the company must designate a committee or compliance body (internal or external) within it to:
- Safeguard the correct operation of the program.
- Have the authority and resources necessary to guarantee the operation of the program.
4. Whistle Blowing Channel
It is necessary to establish a Whistle Blowing Channel in the company, which functions as a detection mechanism in the event that an irregularity is committed within the company. This channel of complaints must be responsive, safe and effective.
ETL GLOBAL NEXUM can call on expert criminal lawyers in Economic and Company Criminal Law, specialists in the elaboration of programs of compliance. The regulatory compliance program of ETL GLOBAL NEXUM offers the necessary instruments to prevent, identify and control the criminal risks that companies may incur.