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Practice Areas

Compliance

Alessandri Abogados has assisted its clients since the inception of the law on criminal liability of legal entities, enacted in December 2009. The large number of regulations and their increasing complexity increase the risk of non-compliance by companies.

Since the enactment of this law and given the new crimes that have been established, companies have been forced to adapt their management and control protocols to a new standard of probity, which did not exist before.

Alessandri’s legal and regulatory compliance group offers advice to companies to identify and manage the legal and operational risks they face in their activity, establishing prevention, management, control and reaction mechanisms. This practice is aimed at avoiding non-compliance with legal, regulatory, sectoral and internal company requirements. We help companies to create a compliance culture, which begins at the highest levels of a company and is much more than manuals and procedures to comply with the Law.

Advice to educational establishments

 

There are two objectives when determining compliance in a company: creating value and not destroying value.

Complying with legal and regulatory standards, as well as mitigating risks, correspond to the function of not destroying value. But compliance programs can go further, by gaining market confidence and improving the company’s competitiveness, they are adding value to the company.

Our legislation establishes that compliance is a system that can be implemented in areas as specific as corporate criminal law, antitrust and consumer law, personal data and the environment, to name a few.

At Alessandri we understand that compliance seeks to create a culture within the company. This requires preventive work, which leads to a system of self-regulation, but which in many cases entails important legal benefits such as mitigating liability and mitigating infractions.

Any compliance program has four key stages:

  1. Gathering of information, weighting of the degree of compliance and diagnosis.
  2. Drafting of policies, protocols and agreements. Management design.
  3. Implementation.
  4. Filing with the authorities, in the cases contemplated by law. Training and follow-up.

 

Why should my company have legal and regulatory compliance advice, even if it is not a publicly-held corporation?

Within these practices, there are indeed some that are voluntary for each management and are designed to help companies in the continuous improvement of their corporate governance, of D&O liabilities and of the programs that add value and mitigate risks in each industry.

The aim is to promote economic efficiency, financial stability and sustainable economic growth, according to the OECD.

 

Matters that may be subject to review and updating:

  • Practical application of good corporate governance practices to closely-held corporations and family companies
  • Unfair management and incompatible negotiation
  • Compliance with standards No. 385 and No. 30 (CMF’s regulated entities)
  • Law Decree 211 on Defense of Free Competition
  • Law No. 21,121 on Anti-Corruption
  • Labelling Act
  • Data protection
  • Law No. 20,393 on Criminal Liability of Legal Entities
  • Law No. 18,046 on Corporations
  • Crime prevention model
  • Compliance with international treaties
  • Environment
  • Labor
  • Consumer Law
  • Advice to educational establishments

DOWNLOAD HERE COMPLIANCE BROCHURE

Our team

We have a group of professionals who are experts in different topics related to compliance. We adapt our multidisciplinary team to the needs of each client, according to the industry to which it belongs and the type of company it has.

El Regidor 66, floor 10th

Las Condes, Santiago - Chile

+562 2787 6000 alessandri@alessandri.cl See map