Today, the business scenario in which we find ourselves shows the need for ethics, good governance and responsible management in the Management of any business. And it is that to the famous cases of the 90s, such as Parmalat, Grünenthal, Pescanova or New Rumas To comply with the procedures legally, not only because of the impact on reputation, but for what it legally entails. The background reason is very simple: all of them are directed by people, and people, consciously or unconsciously, make ‘errors’ ’.
The problem of the cases previously stated, is that the ‘‘ error ’’ occurs because there is no brake or prevention to it. Moreover, the risk even appears in corporate manuals. To stop this issue at the root, it has been many countries that have incorporated new regulations, laws and accounting standards necessary to guarantee transparency and compliance with the law. The years are being left behind in which ‘opacity’ was an adjective Very used to define the financial and operational aspect of some of the large world companies. As we commented, mention of separately deserves the impact to the reputation of an effective communication of the intangibles of good governance, RSC or leadership, when they all have transparency and ethics. And in regards to the legal aspect, the responsibility that today has the management command of the company transfers the possible ‘‘ errors ’’ that are committed.
things by name
in the aspect that concerns us, the compliance , or the need to ensure compliance with all regulations, through quite high sanctions, shows that companies become responsible for The crimes committed in their name or on behalf of their legal representatives and administrators. This means that it is precisely the non -existence of norms and procedures that entails that there is a possibility of something more serious than administrative sanctions: the dissolution of society.
On July 1, 2015, Organic Law 1/2015, of March 30, which the Criminal Code introduced these greatest sanctions entered into force. Now, specifically, what activities can incur crime? The scenarios that can be given in practice are multiple: crimes of discovery and revelation of secrets, scam Urbanism, crimes against natural resources and the environment, among others. Translation: ‘‘ errors ’’ are more everyday than they seem.
compliance from scratch
A contingency plan for crime prevention should be stated, in the first place, and as any strategic planning process, with an exhaustive investigation of the business or company to detect any existing criminal risk. This means that cooperation is necessary between the person in charge and the advisor, giving him the necessary confidence to be able to point out and identify the problems without any repair. After this, a prevention of the same risks must be undertaken, drawing a route that gives constant solutions to anyone who is presented.
As with other strategic plans today, it is not enough to undertake the strategy and start it. The monitoring of the results of our plan is extremely important, since this is how we are indicated by the points in which the different problems are generated. Thus, the more accurate the procedures, as the measurement, we can act with total knowledge, certainty and speed.
How are the results monitor? How are effective procedures generated? How do you get efficacy in a plan? All these questions have the same answer: transparency. It is through constant and truthful information that not only a compliance project is undertaken, but any element of good governance or business praxis exempt from criminal risks, and therefore, reputational.
Who is in charge of the compliance in the company?
It is true that the figure of ‘ compliance manager’ or ‘compliance office’ cannot be present in all companies, however, compliance with the law today is such an important factor that does not understand small, medium or large companies; The review of the procedures according to the stipulated, is a common element.
In this scenario, in Verum Management we offer services of compliance to all types of companies, regardless of size or sector. Our multidisciplinary team has formed in this new need and offers services for the development and implementation of these plans, as an effective measure for the exemption of this criminal responsibility. With total availability, we will move to your company and make a “in situ” diagnosis of the different processes and agents that act in them, to later elaborate, based on all this, a manual as it will comply with what is required by what is required by what is demanded by what is required by The Law. info@verumasesores.com
Magritte, René. (1964). The Son of Man.
