International Compliance

(1)

International Compliance

Legal Requirements of Business Organisation in over 30 Countries

Bearbeitet von Dr. Konstantin Busekist

1. Auflage 2016. Buch. Rund 800 S. In Leinen ISBN 978 3 406 66859 3

Format (B x L): 16,0 x 24,0 cm

Recht > Handelsrecht, Wirtschaftsrecht > Unternehmensrecht > Compliance

Zu

Leseprobe

schnell und portofrei erhältlich bei

Die Online-Fachbuchhandlung beck-shop.de ist spezialisiert auf Fachbücher, insbesondere Recht, Steuern und Wirtschaft. Im Sortiment finden Sie alle Medien (Bücher, Zeitschriften, CDs, eBooks, etc.) aller Verlage. Ergänzt wird das Programm durch Services wie Neuerscheinungsdienst oder Zusammenstellungen von Büchern zu Sonderpreisen. Der Shop führt mehr

(2)

von Busekist (ed.) International Compliance

(3)

(4)

International

Compliance

Legal Requirements of Business

Organisation in over 30 Countries

edited by

Dr. Konstantin von Busekist

Attorney-at-Law and Tax Consultant

2016

(5)

Published by

Verlag C. H. Beck oHG, Wilhelmstraße 9, 80801 Mu¨nchen, Germany, eMail: [email protected]

Co-published by

Hart Publishing, 16C Worcester Place, Oxford, OXI 2JW, United Kingdom, online at: www.hartpub.co.uk

and

Nomos Verlagsgesellschaft mbH & Co. KG Waldseestraße 3–5, 76530 Baden-Baden, Germany, eMail: [email protected]

Published in North America (US and Canada) by Hart Publishing, c/o International Specialized Book Services, 930 NE 58th_{Avenue, Suite 300,}

Portland, OR 97213-3786, USA, eMail: [email protected]

ISBN 978 3 406 66859 3 (C. H. BECK) ISBN 978 1 50990 841 7 (HART) ISBN 978 3 8487 1286 1 (NOMOS)

2016 Verlag C. H. Beck oHG Wilhelmstr. 9, 80801 Mu¨nchen

Printed in Germany by Ko¨sel GmbH & Co. KG Am Buchweg 1, 87452 Krugzell

Typeset by

Reemers Publishing Services GmbH, Krefeld Einbandgestaltung: Druckerei C.H. Beck No¨rdlingen

All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, without the prior permission of Verlag C. H. Beck, or as expressly permitted by law under the terms agreed with the appropriate reprographic rights organisation.

Enquiries concerning reproduction which may not be covered by the above should be addressed to C. H. BECK at the address above.

(6)

Preface

In recent years, the subject compliance developed rapidly and significantly gained in importance for businesses. In consequence of corporate scandals all around the world, various regulators and legislators have been enacting a growing number of national and international regulations which organisations need to comply with.

Non-compliance can have very serious commercial consequences, from civil, criminal and administrative liability of the management and the business itself as well as – and not to be underestimated – negative publicity. An effective compliance management can reduce many of the company’s greatest risks and the severity of claims and penalties when violations occur despite an implemented compliance program. As a result, in particular the management is obliged to get an overview of the various laws and regulations in the different countries and to ensure compliance with both local and international laws. Moreover, it is indispensable for those responsible for the compli-ance management to know the requirements of an adequate complicompli-ance organisation in the countries the corporation is doing business.

The present book will provide a first overview for the management, shareholders, (In-house) lawyers, as well as compliance and HR officers and other compliance-responsible of the global applicable legal requirements of and for compliance management in more than 30 jurisdictions with a certain focus on the regular industry. It will of course not address all relevant aspects but it will help gaining a first impression of the legal environment in the respective countries and contains – hopefully – one or the other helpful hint from our authors. The authors are lawyers and compliance consulting specialists located and working in the respective country. They high-level outline for each single jurisdiction the legal environment and rules for compliance management, including some references to important compliance cases and some recommendations for the reader concerning each country dealt with. The different requirements covered are based on memorable practice cases and highlight the impacts on everyday business and consulting practice.

To improve readability and to enable the reader to compare the requirements of the individual countries, each chapter follows the same structure, with minor deviations due to the given requirements. In addition to central questions of the legal requirements to be covered in the most relevant fields of law as well as the liability arising from non-compliance and the enforcement practice in the respective country, the more practical directions on the effects of compliance measures on liability as well as requirements of an adequate compliance organisation are addressed. The last subtitle of each chapter points out the typical country-specific mistakes made by foreign investors and gives practical advice on how to deal with the according matter.

I would like to thank Ms. Rebecca Dimsic and Hildgund Kulhanek as well as Michael Ernst for their ongoing assistance throughout this book project. Without Rebecca this book would have never been written, without Ms. Kulhanek it would have not been published. Most of all however thanks to Annika, my wonderful wife, for all her encouragement and patience.

Cologne, December 2015 Konstantin von Busekist

(7)

(8)

International Compliance