La fraudulent management and the criminal liability of the companies that has been modulated once the Organic Law 1 / 2015 has been enacted has included a new consideration of the so-called "Punitive Insolvencies", the legal name given to bad business practices.

Starting next 1 2015 July will be punishable action in a company that is in a current or "imminent" insolvent appropriate (among other behaviors) to:

  • Hide assets that should be included in a presumable bankruptcy.
  • Simulate recognize credits or fictitious credits.
  • Involved in speculative business without economic justification.
  • Does not have accounting or keeping irregular.
  • Alter or destroy the books or documentation must be retained.
  • Formule annual accounts contrary to the way corporate legislation.
  • Fails to raise the balance within the stipulated period or not save due diligence that corresponds to its economic management.

One more reason, if possible, to have the right ones Plans of Prevention of Criminal Risks, which may be useful to mitigate or exempt from Criminal Liability of Legal Entities.


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Daniel Vigo

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