He company lawyer (en casa) and the regulatory compliance officer within an organization They must be different peopleIn this article we are going to differentiate the tasks and responsibilities of a company lawyer against the person responsible for regulatory compliance, since centralizing these two functions in the same person can represent a conflict of interests.
Next, in this article we are going to differentiate the tasks and responsibilities of a company lawyer against the person responsible for regulatory compliance.
Functions of the company lawyer
The functions of a corporate lawyer are based on the company legal advice, knowing the business in depth, analyzing risk factors and reacting to daily setbacks; Therefore, this profile must be able to function with ease in those branches of Law that affect the company.
Among the subjects included in the lawyer's advice to legal entities We find: preparation of minutes, record keeping, legal advice and good corporate governance, among others.
Functions of the regulatory compliance manager
On the other hand, the tasks of responsible for criminal regulatory compliance, include, among others:
- The management of the compliance model, supervision of the operation and compliance of the model, ensuring compliance with applicable regulations or any type of legislation related to the activity carried out by the company.
- The information and training for management personnel, workers and employees of the company in terms of regulatory compliance; This is a key task, since training is essential to make all employees aware of the company's risk management and organization models.
- The review and modification of the prevention model, in order to comply with article 31 bis of the Penal Code, which establishes that the legal entity will be exempt from liability, to the extent that they carry out “a periodic verification of the model and its eventual modification when relevant violations of its provisions are revealed, or when changes occur in the organization, in the control structure or in the activity carried out that make them necessary.”
- Management of the complaints channel, studying and investigating the complaints and subsequently issuing a proposed resolution.
Conflict of interests
Although it is true that the company lawyer He is one of the professionals best suited to assume the role of compliance officerHowever, the necessary independence, objectivity and impartiality of the latter may represent a clear conflict of interest, compared to the hierarchical dependency and the obligation of professional secrecy that characterizes the first.
