Scope of the Sapin II law
Companies (and their chairmen, managing directors and managers) with consolidated or unincorporated turnover of more than 100 million euros, employing at least 500 employees directly or through a group whose workforce exceeds the 500 employees, whose mother house has its headquarters in France, are required to take internal measures to prevent and detect, in France or abroad, corruption or bribery.
Support for the implementation of an anti-corruption plan
State of the company
To fulfill the legal obligations of risk mapping and the establishment of a procedure for assessing the situation of trading partners, our lawyers offer you complete assistance consisting of a risk identification of the company, a possible modification of the contractual documentation and the establishment of risk assessment procedures. We also offer a complete review of the company's contractual relations and assistance in setting up evaluation criteria for the business partners.
Preparation of Sapin II documentation and training
The Sapin II law requires the establishment of an anti-corruption code of conduct, the definition of a disciplinary regime penalizing employees for failing to comply with this code of conduct, and the creation of a training scheme for managers and staff most at risk.
To meet these new obligations, Deloitte Société d'Avocats offers assistance in drafting the code of conduct to take into account the risk of corruption in operational business risk, the validation of the disciplinary regime in light of legal constraints resulting in particular from the Labor Code, and the preparation and facilitation of practical and legal anticorruption training.
Establishment of internal procedures
With regard to internal procedures, the Sapin II law introduces the obligation to set up an internal alert system (for legal entities with at least 50 employees) intended to collect reports from employees concerning the existence of conducts or situations contrary to the company's code of conduct, accounting control procedures (outside the scope of intervention), and finally internal valuation control procedures for the measures implemented.
Deloitte Société d'Avocats offers assistance in setting up the alert system, ensuring privacy and whistleblower protection in particular, as well as conducting internal audits on the effectiveness and compliance with the measures put in place.
Support in the context of litigation proceedings
French anti-corruption agency (AFA)
Created by the Sapin II law, the French Anti-Corruption Agency (AFA) is responsible for monitoring the implementation of Sapin II internal measures and can,as such, issue warnings and order companies to implement certain measures. In the event of a breach, sanctions can range from a simple recommendation to the imposition of a financial penalty of up to 200,000 euros for executives and 1,000,000 euros for legal persons.
In this context, Deloitte Société d'Avocats accompanies you in the exchanges with the AFA and the sanctions commission, in case of injunction to adapt its internal procedures, but also in case of appeal.
We also work with AFA on "fact-finding" missions when the agency seeks the assistance of experts to assist it in carrying out legal analyzes. In this framework, we formulate recommendations and propose compliance certification for the internal measures put in place.
Public Interest Court Agreement
Deloitte Société d'Avocats assists you in the negotiation and drafting of transactional documentation in the framework of public interest legal agreements. This transactional procedure, on the proposal of the Public Prosecutor, and before any public action, applies to a legal person implicated for crimes of breach of probity or money laundering. The proposed measures are based on the payment of a criminal fine to the Treasury commensurate with the benefits from the breaches noted (limited to 30% of the average annual turnover of the last three years) in return for the discontinuation of criminal proceedings against the company.