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Corporate Governance

Corporate compliance in Spain: is it indeed required? - Pérez-Llorca

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LU_AdrianaThe purpose of compliance is to help prevent the risks for a company that can arise as a result of the infringement of an applicable law, by putting in place internal control procedures and measures.

 

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The reform of Spain's Penal Code and corporate liability - Cuatrecasas Gonçalves Pereira

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Alfredo_pg25December 2010 saw the reform of the Spanish Penal Code introducing criminal liability for companies for the first time – this is a significant change in the basic principles of Spanish criminal law. Such changes may require substantial operational changes to businesses already operating in Spain, or those businesses which wish to operate in Spain.  Although it is quite evident that the adaptation of firms to the new corporate compliance requirements must be done slowly and with strict adherence to the highest standards of business organisation, it is also true that the implementation of appropriate control systems, regulatory enforcement and crime prevention should begin as soon as possible. Failure to do so may result in severe criminal consequences at both corporate and Director level.

 

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The Secretary to the Board and Directors' duties in Spain - Gómez-Acebo & Pombo

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The secretary plays a key role in the proper functioning of the Board. In principle, unless otherwise stated in the corporate by-laws or in the contract between the company and the secretary, the secretary's main responsibility is the elementary task of faithfully drafting the board minutes. However, good corporate governance rules confer on him a more compromising role of advising the directors and providing them with the information necessary to correctly exercise their responsibilities as such.
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