Corporate Compliance

I advise small and mid-sized companies in particular on analysing their specific compliance risks and on reviewing and developing appropriate compliance structures and risk management processes. The goal is to identify legal risks early, minimise liability and meet management's statutory organisational duties.

Setting up appropriate organisational and monitoring structures is one of the core duties of company management. For managing directors of a GmbH, these duties follow in particular from § 43 GmbHG.

Under case law and the recognised principles of proper corporate governance, this includes the duty to establish a system, appropriate to the company, for identifying and managing material risks.

Which compliance measures and internal controls are suitable depends on the company's size, industry and risk profile. The goal is to spot developments that could threaten the business early and respond appropriately.

Management must not only ensure that business processes are properly organised. Where there are concrete indications of legal violations or other breaches of duty, it must take suitable steps to investigate and contain the risks.

Companies doing business in the Czech Republic can have the legal and regulatory framework there reviewed and assessed. Such an analysis gauges the legal country risk and provides a sound basis for decisions on cross-border ventures.