Compliance
Responsibility. Individuality. Prevention.
The term “compliance” generally refers to “adherence to the law” or “conformity to regulations” and denotes measures and guidelines aimed at ensuring a company’s lawful and ethical conduct. Compliance requirements are an indispensable part of responsible corporate governance, not only for large corporations.
Due to the increasing complexity of regulations at the national, European, and international levels, there is a growing need for compliance that clearly defines which guidelines need to be maintained. Knowledge of the existing complex rules is of immense importance to avoid non-compliant behavior and potential liability risks.
Compliance ensures that companies operate in accordance with the law, adhering to both legal and internal company rules and prohibitions. This is crucial because it represents a legal obligation for companies to integrate a compliance system, monitor it, assess its effectiveness, and adapt it to changing legal requirements.
Furthermore, compliance serves to provide companies with possible measures and options to maintain compliance with legal and internal regulations.
We advise you on compliance aspects from all legal areas and support you in complying with existing laws and regulations to avoid potential risks. Our goal is to proactively prevent and minimize regulatory actions, potential liability risks, and impending damage to your reputation. We develop individual, tailored compliance guidelines and systems for you, offering practical, actionable, and effective solutions.
Additionally, we assist you in realistically assessing existing risks and not missing out on economic opportunities due to unwarranted caution. Our aim is to protect you from regulatory actions without hindering your entrepreneurial activities with an unnecessary flood of regulations and guidelines.
Criminal Compliance
Measures to prevent crime
The entrepreneurial responsibility of managing directors and board members always comes with a certain level of risk. This is primarily because not only are they responsible for their own misconduct, but also for corporate legal violations in the absence of adequate control mechanisms.
A focal point of our work is identifying criminal risks and developing internal corporate measures to prevent offenses, commonly referred to as “Criminal Compliance.” Our activities in this area aim to proactively prevent the commission of company-damaging criminal offenses and, thus, any confrontation with criminal law, through crime prevention. We provide guidance on all aspects of business and tax criminal law.
Regardless of the fact that companies themselves may not be subject to criminal charges, they can be faced with significant fines, especially when violations are committed by employees. The implementation of Criminal Compliance measures can help avoid penalty payments.
If you are already confronted with suspicion of having committed a legal violation, we support you with our experience and dedication. We assist you, your employees, and your company throughout all stages of proceedings, including the investigative and criminal procedures.
In existing crisis situations, we can offer optimal advice and representation, as our expertise in criminal investigations and proceedings enables us to identify risk sources early and understand the aspects that law enforcement authorities pay attention to. Please translate.
Tax Compliance
Measures to safeguard your economic success
Every company is obligated to adhere to the requirements and obligations of statutory tax regulations.
Especially because the German tax law, known for being one of the most complex systems in the world, undergoes constant changes, this obligation is often complex and challenging.
Companies should proactively protect themselves through Tax Compliance. By using a Tax Compliance Management System (Tax CMS), it can be ensured that all relevant tax laws and any tax obligations, such as timely and accurate submission of tax returns and declarations, are met.
For instance, if an error has crept into the tax returns, a Tax CMS can serve to disprove allegations of intent or negligence in the faulty declaration, enabling the correction of the tax return as an amendment instead of a voluntary disclosure. This may potentially avoid criminal investigations for tax evasion (§ 370 AO) or administrative proceedings for negligent tax reduction (§ 378 AO), among other consequences.
An established and documented Tax CMS serves not only to build trust within the company but also fosters trust with the competent tax authorities.
We support you in analyzing the existing circumstances, establishing, and optimizing an effective Tax CMS. We tailor our approach to your company’s specific circumstances.
Our aim is to detect, analyze, and preferably completely avoid financial, criminal, and reputational risks at an early stage.
By implementing a functioning Tax CMS, risks are minimized, and the effectiveness and business capability of the company are secured, ultimately ensuring the legal protection of your business’s financial success.