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Compliance

The scope of regulatory requirements, anti-corruption legislation and codes of conduct is growing and becoming more complex.  Whether you are on a board, senior management, or simply an employee, the economic consequences of breach of conduct in any of these areas can be far-reaching – for you and for your company. 

Our services include advice on the design of compliance programmes, especially in relation to Law No. 20.393 on Corporate Criminal Liability , so as to help you avoid non-compliance in these matters and minimize legal repercussions, should they occur. Our goal is to design a successful and customised compliance programme which is closely aligned with your business needs.

In addition, CMS services include advising on improving your compliance programmes, assisting you during the implementation of your programme and during a potential certification process, and helping in internal investigations if there are indications of irregularities within the company. 

Given the international nature of our firm, you can benefit from CMS’ extensive experience with international anti-corruption legislation, in particular with the US (FCPA) and the UK (UK Bribery Act), which is particularly relevant for businesses with international operations.

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Chambers Latin America

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19/01/2024
CBAM: Just over a week to comply
As the deadline for the first Carbon Border Adjustment Mechanism (CBAM) report approaches on January 31st, it is crucial for undertakings engaged in importing relevant goods into the European Union to...
29/12/2023
Tackling the misuse of crypto-assets for ML-TF purposes
As a constantly evolving sector, the crypto-assets ecosystem presents continuous challenges, particularly in terms of money laundering and terrorist financing (ML-TF) risks.To tackle the misuse of crypto-assets...
24/11/2023
Carbon Border Adjustment Mechanism transition in effect since 1 October...
On 1 October 2023, a two-year transitional period began for implementation of Regulation (EU) 2023/956, which introduces the Carbon Border Adjustment Mechanism (CBAM). CBAM levies punitive CO2 charges...
15/11/2023
NFTs under MiCAR – are they regulated or not?
The Markets in Crypto-Assets Regulation (MiCAR) sets down a harmonised regulatory framework for crypto-assets. MiCAR's overarching goal is to extend regulatory oversight to those categories of cryptos...
19/10/2023
Safeguarding the digital vault: custody and administration of crypto-assets...
With the rise of cryptocurrencies and blockchain technology, European regulators have recognised the need to establish a comprehensive framework to ensure the sector's integrity, transparency and the...
19/09/2023
Trading of crypto-assets in detail
The Markets in Crypto-Assets Regulation (MiCAR) sets down a harmonised regulatory framework for service providers known as crypto-asset service providers (CASPs), which carry out activities with crypto-assets...
30/08/2023
CBAM Implementing Regulation and Extensive Additional Reporting Guidance...
Earlier this month, the European Commission (“EC”) adopted an Implementing Regulation (“IR”) and released extensive Guidance Documents (“Guidance”) on the practicalities of reporting requirements...
11/07/2023
10 key aspects of the notification form for concentrations under the Foreign...
On 10 July 2023, the European Commission adopted the Implementing Regulation and the notification form for concentrations under the Foreign Subsidies Regulation (EU) 2022/2560 (FSR), shortly before the...
10/07/2023
EU regulation mandates crypto-asset white paper
1. Definition of the crypto-asset white paperIn order to establish a harmonised framework for markets in crypto-assets in the EU, the MiCAR introduces minimum standards and disclosure requirements for...
26/06/2023
Overview of the competent authorities under MICAR
Building on the CMS series of articles “Legal experts on Markets in Crypto-Assets (MiCA) regulation”, this new article describes the powers of the competent authorities of EU member states, the European...
20/06/2023
ARTs in detail
EU regulation MICAR now regulates asset-referenced tokens1. DEFIN­I­TION OF ARTSMiCAR defines Asset-referenced tokens (ARTs) as a type of crypto-asset that is not an electronic money token and that purports...
14/06/2023
The scope of application of the Markets in Crypto-assets Regulation
In April 2023, the Markets in Crypto-assets Regulation (MiCAR) was ratified becoming the first regulatory framework for crypto-assets with the strategic goals of protecting consumers, investors and market...