Compliance

Multiplicity and diversity of legal regulations concerning business transactions as well as growing number of those regulations and frequency of changes in the law result in a situation where business entities are continuously exposed to various risks. They result in:

    •    severe pecuniary penalties

    •    seizure of property,

    •    ban on running a business, and even

    •    imprisonment

Due to all this, organisations more and more often decide to implement compliance management systems and risk-preventing procedures in their structures.

Our experience and interdisciplinary knowledge allow us to implement procedures and mechanisms that secure the functioning of enterprises in compliance with applicable regulations, which provides the maximum level of security in organisations.

We carry out audits, give opinions of planned business transactions and we implement compliance procedures allowing to achieve transparency and security of business operations.


Scope of assistance

  • Carrying out audits in organisations - analysing the legal situation, which is aimed at identifying the risks that occur in organisations
  • Counselling services for organisations and for corporate body members on issues concerning relevant risk management
  • Introducing compliance procedures to organisations, related in particular to criminal risks, including those concerning corruption, money laundering and financing terrorism, carousel fraud, theft, as well as other tax risks and corporate risks.
  • Conducting trainings for organisations, members of corporate bodies and compliance officers, in particular in the scope of criminal-law risks and criminal fiscal risks that occur in organisations, as well as in the scope of protection of company assets

For whom?

Commercial companies and partnerships
Enterprises not being commercial companies or partnerships
Foundations, associations and other organisations
Members of corporate bodies in commercial companies or organisations

Experience

Law firm X advises a group of companies, that company Y is a part of, on carrying out a transaction that involves restructuring of its assets. One of the elements of the restructuring process is an in-kind contribution in the form of all the assets of company Y made in favour of another company Z in return for acquiring shares in the assets of a new company Z by company Y. Some doubts of law firm X advising in the restructuring process as to security of such a transaction occurred with regards to ongoing court proceedings against company X involving potential risk of distraint of company assets. The transaction audit carried out by the employees of the law firm was conducted particularly in the aspect of the possibility of committing a crime against creditors. Cooperation between our law firm and X led to minimising the risk with regards to the transaction of disposal of assets for the company and for the managing staff members.

Company X provides services related to excise duty. As a result of a wrong practice of the company's employees, the risk of company X having to incur excise duty liability of a significant amount occurred. In such a situation it became necessary to analyse the situation and to issue an opinion on possible risks both for company X and for the members of its corporate bodies. Moreover, company X decided it was necessary to introduce security procedures allowing it to avoid similar mistakes and significant risks in the future. As part of the security procedure, appropriate practices were introduced to keep ongoing monitoring of changing provisions of the law and practices of fiscal offices, and of correctness of tax settlements. A new person, responsible for correct trading transactions and payment of tax liabilities was also appointed and trained.

Company X runs operations exposed to tax offences involving VAT frauds, based on the carousel model. The company's management board decided to introduce internal security procedures allowing it to minimise the tax risk with reference to carried out business operations. After analysing the company's situation, security procedures were introduced, allowing it to minimise the risks related to potential tax offences. Some of the elements introduced in the process were detailed procedures of company contractor verification, correct VAT settlement, and a person responsible for those tasks was appointed as well. It should be noted that performing proper activities in this scope could allow the company to avoid tax liability and its corporate bodies’ members to avoid criminal fiscal liability.

Contact

Łukasz Chmielniak

Attorney at Law, founder of the
Chmielniak Adwokaci law firm

emergency number: +48 606 833 038

24h/7