CRIMINAL, PENAL-FISCAL AND CIVIL SAFETY OF THE MANAGERIAL STAFF
Those who handle the company’s affair or represent the company are exposed to civil, criminal or fiscal liability. The risk exists not only when the legal regulations are violated but also when the obligations are not fulfilled or are fulfilled improperly or the rights are abused.
The ongoing tightening of penal-fiscal regulations may concern almost every person involved in economic and financial affairs of the enterprise. Penal-fiscal offences and violations are more and more frequently prosecuted by the fiscal authorities. Taking into consideration the complicated tax system and its constant amendments, it is not difficult to misconduct (often unwillingly). As an answer to the tightening fiscal policy we are focused on providing support in case of a penal-fiscal incident.
Provisions of the Commercial Companies Code make it possible to hold management board members responsible towards the creditors for the company’s liabilities. Members of the management board are co-responsible with the company for its liabilities. Naturally, there is a possibility to release management board from such responsibility. Nonetheless, the risk that the management board member is personally liable without limitations, may not be completely excluded.
However, this does not cover the wide range of management responsibilities.
In such stressful and difficult situations you can count on our professional support at every stage of proceedings carried out before tax authorities and the judiciary.
In this area, we offer, among others:
- support during proceedings conducted by tax or law enforcement authorities (including participation in all activities in the course of proceedings, participation in hearings of the parties, witnesses, experts and other participants in proceedings),
- representation before the common courts (fiscal offences and offences against business trading),
- internal audit aimed at identification of areas posing the greatest risk of criminal and fiscal liability,
- day-to-day control of financial settlements, aimed at limiting the responsibility of the management board members, managers, CFO’s and accountants,
- identification of potential misconducts of people responsible for financial affairs of the company and development of the strategy aimed at minimizing penal-fiscal sanctions,
- a thorough analysis of the legal basis of the claim against a manager,
- representation in disputes with the company, including representation before authorities and courts.