COMPANY COMPLIANCE

What is the aim?

Legal persons may avoid being involved in criminal actions caused by its representatives or employees by exercising appropriate control through the implementation of an action protocol to assert their ethic principles and to address their illicit actions.

In Common Law, this protocol is known as Corporate Compliance. 

Company Compliance Systems

Foil Corp is specialized in the design, creation and implementation of Corporate Compliance Systems. 

Nowadays, all companies have adopted different internal and external quality control processes and systems.  

Furthermore, legal obligations regarding risk prevention, sectoral specific regulation etc., impose obligations and procedures on employees, managers and directors, which have an impact on the company´s daily life. 

The Corporate Compliance system must examine and take into consideration these procedures and, at the same time, must analyze them in order to implement safety and control systems. This measure is so that, in the case of being at risk or if a not-attributable to the directors criminal offense is committed, the company will not be liable since it can be proven that all necessary means have been put in place to avoid such behavior.

Corporate Compliance comprises all procedures mentioned before as a single process, not to substitute them, but to complement them.

CORPORATE RISK

Employee’s and dependants’ criminal behaviour

+

Breach of the duty of supervision, Surveillance and control by the legal representatives may

=

Result in criminal responsibility for the legal persons
(art. 31.bis.1.2)

RISK PREVENTION AND CORPORATE LEGAL PROTECTION

For the first time, the Spanish Criminal Code imposes upon a company´s legal representatives the obligation to supervise and control those under their authority.

As the legal representatives are the legal person´s alter ego, if those breach their duty of supervision and control, it is understood that the company itself has breached it.

What is understood by DUE CONTROL by SUPERVISORS?

Concept of COMPLIANCE = REGULATORY FULFILMENT

We have developed our own Whistleblower Channel for employees and third parties, fully online, anonymous and with confidentiality and professional guarantee not only for companies, but also for employees and third parties.

Foil Corporate employs the Compliance Management Computing Tool  from the prestigious editorial group   from which we are a development partner.

 

 

Corporate Compliance Monitoring and Consulting

The importance of Corporate Compliance and the consequences it may have for companies, as well as the procedures and measures implemented, make it necessary to monitor and actively maintain them through four main areas:

1.- Protocol update and elaboration of new ones according to the group´s characteristics and circumstances.

2.- Management of the Whistleblower Channel and replies through the Compliance Officer.

3.- Corporate Compliance Annual Audit. 

4.- Corporate Compliance training for employees, managers and directors.

For all these reasons, our Corporate Compliance services include maintenance and project monitoring.

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