The term compliance comes from the verb comply, which means “the act of obeying an order, rule, or request”. Therefore, Compliance in the corporate environment is, in short, to comply with the laws and regulations that cover the business. The concept encompasses all policies, rules, internal and external controls to which the organization needs to comply. By implementing Compliance policies, your activities will be fully in line with the rules and legislation applied to each of the internal and external processes.
The Compliance area gained more relevance in Brazil after the advent of the Anti-Corruption Law in 2013. This new legislation brought the possibility of granting benefits to companies that have a properly structured Compliance area.
Among the main elements brought about by this regulation are the adoption of standards of conduct, codes of ethics, integrity policies and procedures and channels for reporting irregularities, open and widely publicized to employees and third parties, and mechanisms for the protection of whistleblowers. in good faith.
Any unethical attitude, involving all sectors of the organization, can be considered a compliance risk. Among the main ones are:
We provide consultancy to ensure regulatory compliance and business ethics for our clients, adding value and reducing the risk of non-compliance, thus enriching the corporate culture based on integrity and ethics.
According to the General Controllership of the Union, for the proper structuring of an Integrity Program, four axes need to be present to support the actions and measures that will constitute its content.
P&B Compliance works with excellence and commitment to the main laws and standards on the subject, such as Law No. 12,846/13, regulated by Decree No. Brazilians, in addition to the best international practices outlined by the Securities and Exchange Commission (SEC), US Department of Justice (DOJ) and UK Bribery Act.
We act to ensure that the organization complies with its principles and purposes (internal guidelines) and with regulatory requirements (external guidelines).
We provide advisory services on all matters involving a Compliance program, acting effectively in the creation and implementation of the highlighted steps.
For the proper functioning of the compliance system in companies, it is necessary that all employees are involved, hence the importance of holding lectures and internal training to instruct and qualify everyone in the organization.
One of the main pillars of Compliance, the Risk Assessment is an assessment of the risks and in which of them the compliance programs should be applied, with identification and mapping of situations and factors that can make the company’s security vulnerable.
Due Diligence identifies incoherent facts or indications in the contracting and relationship with third parties, which can expose the contracting party to the most diverse risks. For this, reputation research is carried out in a database to find out the risk exposure that third parties or M&A actions offer to the contracting party.
Preparation of a guide with the company’s Anti-Bribery Policies, which guide and guide all the organization’s employees, which must be made available in a documented way and available to all.