“Anti-Corruption” Policies for Companies in Mexico.

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“Anti-Corruption” Policies for Companies in Mexico.

Nowadays in Mexico and worldwide, the fight against corruption is extremely important for public policies and private sectors.

The subject of corruption has been discussed repeatedly and subsequently focused on, and dealt with through structural laws that, although complex and with a scope never seen before, they have turned out to be necessary in order to face the problem caused by corruption.

In 2015 a new era commenced in the fight against corruption in Mexico with the publishing of several regulations that consolidated an entire National Anti-Corruption System.

A fundamental legislation of “anti-corruption” has turned out to be the General Law of Administrative Responsibilities (the “Law”), which together with similar anti-corruption legislation in each state of Mexico, has turned out to be aggressive regarding the responsibilities of individuals and entities.

The Law has certain “tools” relating to fundamental business integrity programs intended to prevent the commission of so-called “Serious” administrative misdemeanors, in addition to ensuring proper performance of companies, their members, managers, and employees.

TP Legal Group offers to its clients the implementation of “Integrity Policies” not only to mitigate possible sanctions resulting from acts and serious administrative misdemeanors in accordance with the Law but also to prevent the exposure to their corporate operations and actions to scenarios constituting possible acts of corruption by its members.

The acts and offenses of a serious nature that individuals and/or entities could commit are the following:

  • Bribery.
  • Unlawful participation in Governmental Administrative Procedures.
  • Influence peddling.
  • Use of false information in government processes.
  • Obstruction of Government investigations.
  • Collusion.
  • Misuse of public resources.
  • Improper hiring of former public servants.

An Integrity Policy functions as a normative/regulatory document within the company and aims to avoid risks and establish preventive measures against acts of corruption; its elements are as follows:

  • Organization guidelines.
  • Code of conduct.
  • Control, surveillance, and auditing systems.
  • Complaint systems.
  • Corporate training courses.
  • Human resources policies.
  • Transparency mechanisms.

In our firm, we have extensive experience in this field. We can comprehensively assist you to carry out a due diligence analysis of corruption matters in accordance with the corporate purpose of your company and to know in detail its delicate/fragile/vulnerable areas, in order to develop a “tailor-made suit” that is functional, useful and in line with the essential characteristics of your business.

In accordance with the regulations governing administrative responsibilities in Mexico, a legal entity may be subject, in the event of acts of corruption that are attributable to it, or of any of its members, to the following penalties:

  • Economic Sanction that for legal entities may reach up to $130,000,000 MXN.
  • Temporary Disqualification to Participate in Acquisitions, Leases, Services, or Public Works for a maximum period of 10 years for legal entities.
  • Suspension of Activities for a maximum period of 3 years.
  • Order for Dissolution of the Company.
  • Compensation for damages and losses caused to the Public Treasury.

If your company has Integrity Policies in accordance with the Law, the competent authorities have the responsibility of taking the same into consideration when determining, qualifying, and, perhaps, even to mitigate the company’s level of responsibility in the act of corruption.

The regulatory compliance of a company is essential for its daily operation, business establishment, financial and economic health, and compliance with tax obligations, among others. Therefore, at TP Legal Group we can assist you in identifying if your company may be considered “high risk”, in which corruption may arise, and, if applicable, establish exclusive Integrity Policies for your business, and work with you through each business process in which your company participates.

Alejandro Pedrín   |   apedrin@tplegal.net
Héctor Torres-López   |   htorres@tplegal.net
Leobardo Tenorio-Malof   |   ltenorio@tplegal.net
Mauricio Tortolero   |   mtortolero@tplegal.net
Daniel Gancz-Kahan   |   dgancz@tplegal.net
Alejandro Ceballos   |   aceballos@tplegal.net
Elio Sánchez   |   ecsanchez@tplegal.net
Iván Curiel-Villaseñor   |   icuriel@tplegal.net
Raúl Escamilla-Sanromán   |   rsanroman@tplegal.net

 

 

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