Compliance in itself merely means that the applicable legal rules and recognised social values and standards are always respected within the framework of all business activities. In the light of the existing regulatory density for companies and entrepreneurs, cross-border activities, increasing regulation and in particular special liability for management bodies, each company must operate compliance management today.
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Compliance – Identifying risks/Liability limitation
In particular, the risk-related areas in each area of the company must be identified and measures to reduce liability for the company and avoid liability in favour of the management body (in particular managing directors, executive board, supervisory board) implemented.
Compliance Management/ Compliance Officer
Our company law practice is not only at your side, but we support you in the implementation of compliance management as well as in the provision of our company as an external compliance officer.
It goes without saying that after identifying the risks, we create the legal measures of a compliance management system for your concrete companies individually and, for example, also integrate a whistleblowing hotline. Ggfs. can also be certified according to IDW PS 980 standard.
The training and further training of employees on the concrete compliance management system complements the legal advice considerably so that the implementation works.
The organization resulting in the light of compliance is complemented by hedging levels in decision-making processes and throughout the supervisory organisation.
According to Article 93(2) of the Act The management bodies of a public limited company are personally liable for the violation of your organisational and supervisory obligations.
Rechtsanwalt Dipl.-Ing. Michael Horak, LL.M.
This applies to (the) managing directors of a GmbH in accordance with § 43 para. 2 GmbHG i.V.m. § 93 para. 2 AktG.
The members of the governing bodies are responsible for their performance. In correlation with the industry and size of the company as well as its national or international orientation, liability risks increase both for the company and – in particular – for management bodies.
Continue to develop. From a seminar for beginners to training on the path to becoming a compliance specialist, we offer various levels.
Compliance Risk Assessment
In the individual cases of compliance, the relevant legal areas include in particular the following areas:
- Company law
- Bank law
- Competition law
- Product liability law
- Insolvency law
- Data protection law
- Environmental legislation
- Employment law compliance
The competent organisation of regular conduct within the company as well as the proof of a compliance organization are therefore at least advantageous for the following topics:
- minimising the liability risks of the company and the personal liability of the management bodies;
- award of public and private contracts;
- creditworthiness, lending and conditions;
- Avoidance of criminal proceedings and irregularities
- Going Public.