BROSETA In-House lawyers Forum about Corporate Compliance

The BROSETA Forum for In-House lawyers has carried out its first session in the office of the firm in Madrid under the theme: “Corporate Compliance: a necessary instrument following the reform of the Penal Code and the LSC?”.

The session reviewed and analysed the implementation of the new regulation on responsibility of legal persons following the reform of the LSC, GLT, and the criminal code, placing special emphasis on plans for criminal risk prevention and compliance or “Corporate Compliance” as a means of surveillance and fundamental control after the entry into force of the reform as well as of tax risk management before and during the proceedings of verification and investigation.

Carmen March, partner of the BROSETA Commercial Law Department, opened the Forum, analysing the new context in relation to the responsibility of administrators, managers and legal persons following the reform of the criminal code and the LSC, and focusing on the ‘why’ of Compliance in organizations.

Silvia de Andrés, a senior lawyer in the Commercial Law Department, explained during her speech, the major legal risks that must be taken into account by companies in the current context, and the criminal responsibility of legal persons and plans for prevention of criminal risks, while Enrique Beaus, Head of the Tax Law Department from the BROSETA office in Valencia, in this same context, spoke about tax risk management before and during the proceedings of verification and investigation.

As the session closed, Luis Rodríguez Soler, Head and Partner of BROSETA Compliance, explained to attendees the main aspects to be considered for a correct policy of regulatory compliance in organizations, also analysing the recent Circular 1/2016 by the Public Prosecutor on Corporate Compliance programs.

The Conference, which saw a significant presence of Heads of Legal Services from leading companies ended with a lively debate between the speakers and other attendees.