“You probably don’t have a Compliance System implemented in your company, but if you do… Do you have one of the best Compliance Officers ensuring its proper implementation, correct compliance, and full monitoring of the model?” Make sure you do.

Author: Gonzalo Juan Fernández-Sambruno Claver

As the phrase that begins this section says, it’s very likely that you don’t have a Compliance System implemented in your company, either because no one has correctly explained the headaches it avoids, but even more so, because no one has explained the countless benefits that come with having one.

However, having it is not just about having it in any way and storing it away like a corporate image manual that you only pull out when needed.

A Compliance System must be alive, must be current, must be monitored and supervised, and must undergo continuous evaluations and improvements.

Therefore, it can’t be done by just anyone. You shouldn’t leave something as important as THE CRIMINAL LIABILITY OF THE LEGAL ENTITY in the hands of someone who sees Compliance as a “business opportunity” or a “trend.” Instead, you should hire the best professionals.

Our Lead Lawyer, Mr. Gonzalo Juan Fernández-Sambruno Claver, holds the ONLY Master’s Degree in Economic Criminal Law officially recognized in our country, a qualification required by the World Compliance Association to sit for their Compliance Officer certification exams, a certification that Mr. Fernández-Sambruno also holds. He is also the author of “Compliance as a Differentiating Element to Avoid Corporate Criminal Liability,” which, combined with an unparalleled CURRICULUM and more than 20 years of experience in the business world, makes him one of THE BEST COMPLIANCE OFFICERS to safeguard your company’s security and peace of mind by mitigating risks.

The Role of Compliance

Any company that aspires to achieve growth, sustainability, and consistency in the market must be aware of the high risk of criminal prosecution for crimes committed within its organization by employees or executives or even by those associated with its supply chain. In most cases, this risk is not managed.

It can happen, and it is happening.

Criminal charges against companies can and do occur, and beyond the final outcome of the criminal process, the immediate damage to a brand’s reputation can be so severe that it often becomes insurmountable.

Given these scenarios, companies need to implement compliance models to mitigate the risk of crime and its consequences.

The Lawyer’s Role

The corporate lawyer of today is no longer a passive lawyer waiting to solve a problem or win a case.

The legal industry is undergoing a radical transformation. Lawyers who are eager for growth are fundamentally proactive, they intimately know their clients’ businesses, anticipate conflicts and challenges, and help clients grow.

This type of lawyer is never seen as a cost. Instead, they become a differentiating asset for the company.

Lawyers must understand compliance as an excellent tool inspired by initiative and determination to help clients.

The role of corporate lawyers is extremely important. Their knowledge of the law, and more importantly, their understanding of the high risk of certain crimes occurring within the organization, often due to ignorance or simple negligence of the perpetrators, should motivate them to provide the necessary assistance to prevent these crimes from happening.

We must make all entrepreneurs aware of the value of implementing a compliance model in their companies.

The role of the lawyer and the director responsible for the process of implementing the client’s company’s compliance manual is of utmost importance, as their knowledge of the law and the uniqueness of the company will allow them to ensure that:

• All the crimes for which the company and its executive bodies may be criminally liable have been reviewed. We handle 43 types of crimes.

• All questions were directed to all corporate functions, with up to 1000 predefined questions.

• Provides answers after fully understanding the process.

Do you still not have a compliance system in your company? What are you waiting for?

Negative Consequences for the Organization

  • Significant financial penalties of various amounts.
  • The company’s operations or authorization may be suspended.
  • The company may be dissolved and liquidated.
  • Facilities and centers may be permanently closed.
  • Disqualification from obtaining subsidies, grants, and tax incentives.
  • Inability to contract with third parties due to contract requirements and with public administrations.
  • Transfer of responsibilities to managers of any type and nature.
  • And many more…

We believe it won’t happen to us, that the things we hear don’t affect us, but things do happen…

Advantages for the Organization

  • Reduction or elimination of legal and criminal liability for companies.
  • Facilitates the detection of bad practices by executives and employees.
  • Improvement of the organization’s reputation and image, increasing the company’s value.
  • Organizational and internal control improvements.
  • Reduces insurance costs. Implementing compliance programs allows for renegotiating insurance costs.
  • Participating in public tenders or signing international contracts puts you ahead of your competitors.
  • Mitigates the risk of internal fraud.
  • And many more…

Advantages for Clients

  • Lower risks when operating in foreign markets, as compliance management systems are based on internationally accepted rules.
  • Provides great security by demonstrating, through external evaluations, that the
  • company complies with the requirements established in the standards.
  • And many more…

The best way to start is to stop talking and start acting

Contact us!