Legal Briefing

The justified limitation of associations’ powers in the fight against corruption | Darrois Villey Maillot Brochier

In France, the fight against the great scourges that are corruption, misappropriation of public funds and more generally white-collar crime has led to the emergence of non-governmental organisations (NGOs), constituted in the form of associations, who play the role of public accusers, a role traditionally held by the state prosecutor but without being subject to …

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Options for internal investigations under Italian law and data protection issues | Cleary Gottlieb Steen & Hamilton

Following up on our previous article regarding internal investigations in Italy, issues that arise when the internal investigation concerns a white-collar crime are also worth addressing. When there is knowledge (or suspicion) that a crime has been committed within a company and a criminal proceeding is pending (or may be brought), internal investigations become particularly …

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Asset recovery in Turkey: are criminal proceedings the only way? | Moroğlu Arseven

White-collar crimes have not only increased in scale but have also become increasingly sophisticated. Individuals, companies, and financial institutions have been outflanked by criminal attacks. Furthermore, with advancing technology and complex transactional structures, the proceeds of white-collar crime have become easier to dissipate and move. Accordingly, alongside combating the criminals, finding new and effective ways …

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New Portuguese powers to seize criminal spoils – a dangerous game | Rogério Alves & Associados

As the level of sophistication of economic crime has evolved and increased, there has been a growing need to streamline the mechanisms for confiscating its benefits, thus eliminating its economic incentive and inculcating the idea that ‘crime does not pay’. The law went beyond a strict definition of white-collar crime and entered what is seen …

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Reforms to the audit market – major changes ahead | Herbert Smith Freehills

Recent years have seen an unprecedented focus on audit and auditors in the UK. This has been driven, at least in part, by a number of high-profile corporate failures as well as the perceived widening of the ‘audit expectations gap’, the difference between what users expect from an audit and the reality of what an …

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Corporate governance and compliance: two sides of the same coin | Machado Associados

In the last five years, some Brazilian companies became well known internationally due to their involvement in some of the world’s largest corruption schemes. As contradictory as it may seem, some of the companies involved in these scandals were highly regarded for their compliance rules and/or were listed in the Novo Mercado segment (which means …

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Corporate governance in Indonesia | SSEK Legal Consultants

Corporate governance is slowly but surely being implemented in Indonesia. The typical form of corporate/business organisation in Indonesia is a limited liability company, but other forms are available, including co-operatives, representative offices and partnerships. But since the limited liability company is by far the most common form of corporate organisation, in principle, corporate governance is …

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Challenges and changes in corporate governance within China | Horizons Corporate Advisory

After 40 years of economic reforms and intense development in China, the economic landscape has matured. Foreign investment legislation in China sits on the cusp of a new era, in which reforms will pave the way for significant improvement, including corporate governance in foreign entities. Although, today foreign companies in China still face challenges in …

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Corporate governance in Russia: the two-key principle and director liability | Infralex

Two-key principle The opportunity to appoint two or more directors in a company, who exercise their authority jointly or severally, has been available in many foreign jurisdictions for a long time. However, until 2014 Russian law stuck to the approach that only one person may hold the position of CEO and be indicated as CEO …

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Corporate governance: trends in Mexico | Deloitte Legal

In Mexico, corporate governance best practices have been part of the business environment for the last 20 years. Since 1999, following the OECD Principles (which in turn used the recommendations of the Cadbury Report to varying degrees), the first voluntary Mexican Best Corporate Practices Code (CMPC), issued by the Mexican Business Co-ordinator Council was published. …

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