Managing directors and board members are held personally liable. In criminal law matters this means with their personal assets, civilly und in a highly personal nature.
Labor, antitrust and competition law, distribution and commercial regulations, tax and corporate law as well as numerous European regulations form a narrow framework for companies. In addition, there are internal rules that determine the actions of employees and management and that focus on corporate values. Compliance creates a clear structure that is designed to properly comply with all of these legally relevant regulations. This not only applies to companies and large corporations, which usually have their own compliance departments, but also to the entire sector of small and medium-sized businesses in Germany. The lack of an adequate compliance management system threatens an unpleasant reversal of the burden of proof according to civil law and the personal liability of management and board members according to civil and criminal law.
It makes sense to maintain a minimum level compliance system and not just to prevent personal liability. Increasingly, larger companies are imposing strict procurement rules on themselves and are awarding contracts to suppliers only if they have an established compliance management system. Such a system regularly comprises the relevant internal guidelines, a compliance organization, the information and training of all employees as well as ongoing updates and optimized insurance protection.
Compliance due diligence often focuses on identifying whether key company specific, legal and economic risks are identified and appropriate information, training and control mechanisms are established as part of corporate acquisitions. In addition, the focus is typically on purchasing, sales and accounting with respect to corruption, antitrust violations, fraud and breach of trust.
- Creating corporate policies
- Developing compliance organizations
- Preparing information and training courses including continuous updates
- Positioning of external compliance consultants
- Consulting of existing compliance divisions
Compliance for small and medium sized businesses
Small and medium sized German businesses understand that they must be “compliant” which means they must maintain their structures in a minimum level compliance management system. We help our customers meet these requirements with an interdisciplinary approach, with our long-term partners and with a sense of proportion, also in terms of costs We identify individual compliance risks and thus systematically prevent violations, avoiding unpleasant consequences of legal violations.