LAMAIGNERE AND REGULATORY COMPLIANCE.
To improve the trust of customers, shareholders, suppliers and workers, LAMAIGNERE has deployed a set of mechanisms to carry out its activity through an organizational culture based on the principles of good governance and corporate compliance, with the intention to consolidate the company as an organization involved in regulatory compliance, through the interaction and participation of all the departments that integrate it.
This compliance system is defined as an independent function that identifies, advises, alerts, monitors and reports compliance risks in organizations, that is, the risk of receiving losses due to legal or regulatory breaches, suffering financial losses or loss of reputation for failures in the compliance of applicable laws, regulations, codes of conduct and protocols of good practice. This system focuses on the adoption of adequate measures to fight against fraud, and corruption, and on the prevention, detection and search for effective solutions to conflicts of interest and possible breaches that may arise in the everyday running of the company.
LAMAIGNERE, en su esfuerzo de mejorar la confianza de los clientes, accionistas, proveedores y trabajadores, ha puesto en marcha medios para asegurar el buen control de la información y los procesos de la compañía, con el objetivo último de garantizar un servicio de logística y transporte de calidad y comprometido con el cumplimiento normativo. Además, a tal efecto, cuenta con un equipo compuesto por varios trabajadores de distintos perfiles y áreas, que velan por el efectivo cumplimiento de las normas; a su vez y debido a su importancia, se ha impulsado la difusión de la existencia del Compliance a todas sus oficinas nacionales e internacionales.
LAMAIGNERE`s Compliance system has been built from the following pillars:
1. The identification of risks to which the legal entity is exposed due to its activity, which may hinder the achievement of its business objectives.
2. The evaluation of existing prevention controls.
3. The continuous training of LAMAIGNERE employees and executives about the protocol of action in case of detecting irregular conduct or the possible commission of a criminal offense.
4. The adoption of security protocols aimed at safeguarding reputational exposure.
5. The establishment of a risk management system, which provides a roadmap that allows the identification, evaluation and resolution of risk situations in the entity.
6. The development of a business culture aimed at strengthening practices related to good corporate governance, internal control and transparency.
7. Strengthening governance systems and corporate identity.
LAMAIGNERE`s Compliance Program has been drafted, with the objective of developing a business culture aimed at reinforce practices related to good corporate governance, internal control and transparency. To draw up the document, the following sections were studied and developed:
- The analysis of LAMAIGNERE as a subject of Compliance.
- The analysis of the risks to which the company is exposed due to its activity and that may hinder the achievement of its business objectives.
- Ethical Code.
LAMAIGNERE also has an Operational Compliance Program, which includes all those business activity procedures linked to regulatory compliance, as well as those specific operations where there is a considerable level of risk (data protection, occupational risk prevention and source code normative).
- Employee protection. Review of contract models and elaboration of a dossier with the different types of them. Establishment of measures focused on preventing the escape of human capital and the establishment of penalties and non-competition clauses.
- Adaptation of the Compliance Program to the international models of those countries in which the company develops its business activity.
- Company policy. The business code of ethics that helps to develop and consolidate the different company policies that has been drafted, according to the work area.
- The protocolization of the procedures at the operational level of the different areas of the company has begun, defining contents, applicable regulations, staff competencies, establishment of responsibilities.
PREVENTION MODEL OF NON COMPLIANCE.
After the reforms of the Criminal Code (especially the one operated by Organic Law 5/2010, of June 22), which led to the bankruptcy of the traditional Societas delinquere non potest principle, that legal persons may be criminally liable, either for crimes committed by their legal representatives or of fact or of law administrators, or for the crimes committed by those who, being subject to the authority of the foregoing, have performed those same facts because they had not exercised due control over them.
In this way, Compliance or regulatory compliance consists in the establishment of those policies and procedures capable of guaranteeing that a company complies with the applicable legal framework, through the development of management tools and control of criminal and ethical conflicts, and the implementation of compliance programs aimed at assessing the analysis of these risks and, where appropriate, promoting the necessary action plans for their mitigation.
In order to avoid such breaches, LAMAIGNERE has implemented the default prevention model, through the establishment of a system of internal controls, articulated through a set of internal standards, protocols and procedures for identification and risk management.
In this context, the management of LAMAIGNERE has demonstrated its firm commitment to compliance with current regulations and ethical principles, in order to achieve the correct implementation of the model of default prevention. To emphasize, LAMAIGNERE has a team with the appropriate powers and delegations, created specifically to supervise the effectiveness of internal controls of the legal entity.
In that way, LAMAIGNERE shows its involvement and proactivity when it comes to implementing within the entity a culture based on regulatory compliance and business ethics, and on the adoption of policies and mechanisms to prevent, train, detect, mitigate and eliminate attitudes, behaviors and incorrect and illegal actions, which may cause risks of regulatory and operational breaches.
As an indispensable complement to the Regulatory Compliance Program, in accordance with the regulations that are applicable and the recent Directives of the European Union, LAMAIGNERE has the mandatory complaints channel, open to employees, customers, suppliers, business partners, and any interested party that relates to the entity.
Through this mechanism, LAMAIGNERE receives and manages communications or information formulated on possible illegal, breaches or irregular behaviors that have been known, contrary to the legal system and internal rules of LAMAIGNERE contained in its protocols and codes of conduct.
The reporting channel is absolutely anonymous, although it allows the possibility of the complainant being identified through their personal data. Access to the channel is available on the LAMAIGNERE website, through the following address: https://www.lamaignere.com/es/es/canal-de-denuncias.