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  • 2018-10-31T15:00:00 2018-10-31T18:30:00 Europe/Paris CORPORATE LAW AND MERGERS & ACQUISITIONS Centro de Congressos Porto UIA
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CORPORATE LAW AND MERGERS & ACQUISITIONS

  • 31/10/2018 - 14:00 - 17:30
  • Centro de Congressos Porto

Presentation

The impact of compliance in the M&A transactions: risk or opportunity?

We will study the growing need to establish rigorous anti-corruption protocols to ensure compliance with policies and procedures that comport to U.S., British, European and global standards. The growth of globalization is imposing to any company doing business in different jurisdictions the need to rigorously police the entire organization to mitigate the risk of corrupt practices even in locations where corruption is an accepted reality of doing business.

The commission will consider the challenges that companies face in this area in three ways:
(i) How internal compliance programs and internal investigations together with a clearly communicated “tone at the top,” where deeds, and not just words, demonstrate an institutional commitment to the highest ethical standards,
(ii) how an organization should conduct due diligence on target acquisitions to ensure that there is a shared vision of corporate compliance and to ascertain where there is risk to the combined organization from the acquisition or business combination and
(iii) methods to mitigate risk or historical issues regarding compliance that are identified either internally or within the target.

Documents

  • Report
    English

    The new French anti-corruption law Sapin II: what impact for French and foreign companies in an international context?

    Anne FRECHETTE-KERBRAT

    The new French anti-corruption law Sapin II: what impact for French and foreign companies in an international context?

  • Report
    English

    The new French anti-corruption law Sapin II: what impact for French and foreign companies in an international context?

    Anne FRECHETTE-KERBRAT

    The new French anti-corruption law Sapin II: what impact for French and foreign companies in an international context?

  • Report
    English

    The new French anti-corruption law Sapin II: what impact for French and foreign companies in an international context?

    Anne FRECHETTE-KERBRAT

    The new French anti-corruption law Sapin II: what impact for French and foreign companies in an international context?

  • Report
    English

    Time limits and breaches of R&Ws applied to compliance issues

    Jorge MARTÍ MORENO

    Time limits and breaches of R&Ws applied to compliance issues

    The lack of corporate compliance programs may trigger the liability of the Target of an M&A deal.
    Depending on the jurisdiction, different types of liabilities may be triggered (e.g. liability related to data protection regulations, environmental regulations, prevention of occupational hazards regulations, etc.).
    Paradigm: criminal liability.
    Compliance-related R&Ws in SPAs should be included in the SPAs, since these contingencies are playing an increasingly important role in M&A transactions.

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