Dynamic | Shengdian Compliance Committee Launches Legal Service Products for Building Anti-Commercial Bribery Compliance System
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2024.05.14
On May 11, Shengdian Law Firm held a professional afternoon tea activity entitled "Introduction to Legal Service Products for the Construction of Anti-Commercial Bribery Compliance System-Starting from a Commercial Bribery Compliance Non-Prosecution Case" as scheduled. This activity was organized by Shengdian Enterprise Compliance Management Legal Committee (hereinafter referred to as the Compliance Committee). Lawyer Li Ke, deputy director of the Compliance Committee, served as the sharing guest. More than 30 colleagues from the institute participated in the activity on the spot.
Lawyer Li Ke analyzed the key points and specific procedures of criminal compliance non-prosecution in a simple way from compliance due diligence, formulation of compliance rectification plan, implementation of compliance rectification measures, evaluation, improvement of enterprise compliance rectification measures, formulation of enterprise compliance rectification report, and conduct of enterprise compliance hearing guidance and other links, it also introduces the legal services that lawyers can provide in all aspects.
At the end of the lecture, lawyer Li Ke introduced the "Legal Service Product for the Construction of Anti-Commercial Bribery Compliance System" carefully created by Shengdian Compliance Committee. The legal service product is applicable to all kinds of enterprises that have the requirements for the construction of anti-commercial bribery compliance system, or hope to build anti-commercial bribery compliance system for enterprises (sales side, procurement side ......), as well as suspected commercial bribery cases, and is expected to be rectified through criminal compliance, enterprises that strive for criminal compliance without prosecution or mitigation and exemption from criminal penalties. The main service/work contents of the product are as follows:
| Serial Number |
Product Service/Work Content |
|
|
1 |
Understand the legal needs of enterprises against commercial bribery |
Sign a special legal service contract for the construction of an anti-commercial bribery compliance system. |
| 2 |
Compliance Due Diligence |
1.Proposed Compliance Interview Outline 2.Conduct compliance interviews 3.Develop a due diligence list and prepare due diligence materials by the company 4.Analysis of due diligence materials |
| 3 |
Identify the expectations of the business and stakeholders |
Determine the scope of compliance against commercial bribery |
| 4 |
Formulate the construction plan of anti-commercial bribery compliance system |
1.Draft compliance plan based on due diligence 2.The compliance plan focuses on high-level attention, compliance organization, compliance resources, risk assessment, compliance management system, process control, training and communication, supervision and inspection, etc. |
| 5 |
Implementation of the anti-commercial bribery compliance system construction plan |
Assist enterprises to build anti-commercial bribery compliance management system |
| 6 |
Training and Communication |
1.Training staff on anti-commercial bribery compliance 2.Communicate and feedback with enterprises on the implementation of compliance system construction plan |
| 7 |
Assess the measures for the construction of anti-commercial bribery compliance system |
1.Collect relevant documents for compliance system construction 2.Through interviews, walk-through tests, questionnaires, etc., to find out the implementation effect of the compliance plan. |
| 8 |
Measures to Improve the Construction of Enterprise Anti-commercial Bribery Compliance System |
Advising on the inadequacies of the compliance management system |
| 9 |
Issuance of anti-commercial bribery compliance system construction report |
1.Notify the Company of the implementation of the Compliance Plan 2.Issuance of anti-commercial bribery compliance system construction report 3.Long-term compliance |
| 10 |
Anti-Commercial Bribery Compliance Manual |
Help enterprise personnel understand and comply with the enterprise's anti-commercial bribery compliance policies, norms and procedures |
Shengdian Law Firm was selected as the first batch of third-party monitors for corporate compliance in Shenzhen in November 2021, with rich experience in corporate compliance. Shengdian Compliance Committee will rely on the existing enterprise compliance management system construction experience, combined with other sub-professional areas, in the future to launch more sub-areas of compliance service products, for the enterprise's high-quality continuous operation escort.
Lawyer Mao Peng
[Practice Profile] Director of the Corporate Compliance Management Legal Professional Committee of Guangdong Shengdian Law Firm, Lawyer Mao Peng has entered the law firm since March 2005 and has been engaged in litigation practice. He has more than ten years of practical experience and has consulted thousands of criminal report materials. He has personally participated in handling hundreds of criminal charges, criminal defense and criminal risk prevention cases, and has won wide acclaim from the parties. Lawyer Mao Peng is good at handling cases involving the combination of criminal and civil punishment and the intersection of criminal and civil punishment. He has served as a criminal legal consultant for many enterprises. He has successively assisted dozens of enterprises and their actual controllers and main management personnel to cooperate with the public security and judicial organs, the supervision committee, the Securities Regulatory Commission and other departments in investigating, assisting many enterprises to complete the construction of internal compliance system and criminal compliance non-prosecution matters, and has rich practical experience in handling. Lawyer Mao Peng, while engaged in legal practice, has also been interviewed by many domestic TV stations, newspapers and magazines on hot news events, and has obtained good social feedback and influence.
[Practice Field] Criminal defense, corporate compliance and personal risk prevention, criminal charges and appeals.
[Contact Information] Tel: 0755-83789980
Email: maopeng@shengdian.com.cn
Lawyer Li Ke
[Practice Profile] Deputy Director of the Corporate Compliance Management Legal Professional Committee of Guangdong Shengdian Law Firm, Master of Laws from Zhongnan University of Economics and Law, bachelor's degree from China Criminal Police Academy, member of the National Revolutionary Committee. At the same time, he has the qualification of certified public accountant and belongs to the compound lawyer in the field of law and accounting.
[Practice Areas] Criminal Defense, Corporate Compliance, and Dispute Resolution.
[Contact Information] Tel: 13189750835
Email: like@shengdian.com.cn
Lawyer Chen Jiali
[Practice Profile] Deputy Director of the Corporate Compliance Management Legal Professional Committee of Guangdong Shengdian Firm, graduated from Shenzhen University, and obtained a double bachelor's degree in law and finance, and a master's degree in economic law (corporate securities law), he is now a core member of the third-party monitoring person of Shenzhen enterprise compliance, a member of the bankruptcy administrator (level 2), a member of the bankruptcy and liquidation legal professional committee of Guangdong Bar Association, a member of the new talent pool of foreign lawyers in Guangdong Province, a member of the enterprise compliance management legal professional committee of Shenzhen Bar Association, and the secretary general of the lawyer talent development working committee of Shenzhen Bar Association. Deputy Director of bankruptcy Investment and financing Business Committee of Shenzhen Bankruptcy property disposal Business Association, he is a member of the editorial board of the Practice Guide for Corporate Compliance Lawyers (published by Law Publishing House). With senior corporate compliance qualification, listed company independent director qualification, private equity fund senior management qualification, accounting qualification, securities qualification. In 2023, he was named "Outstanding Member of the Special Working Committee of 2022" by the Shenzhen Lawyers Association, and in 2024, he was named "Outstanding Member of the Special Working Committee of 2023" by the Shenzhen Lawyers Association ". She has been awarded Shengdian's "Outstanding Female Lawyer Award of 2020", "Outstanding Editorial Award of 2022" and "Outstanding Female Lawyer Award of 2023", and has been awarded Shengdian's "Secretary-General of Outstanding Professional Committee" for many times ". In the celebration of the 20th anniversary of the founding of Shengdian, it was named "Shengdian New Star".
[Practice Areas] Civil and commercial dispute resolution legal affairs, corporate counsel and corporate compliance legal affairs, corporate bankruptcy liquidation and reorganization legal affairs.
[Contact Information] Tel: 15766431685
Email: chenjiali@shengdian.com.cn
Lawyer at Roam
[Practice Introduction] Secretary-General of the Corporate Compliance Management Legal Professional Committee of Guangdong Shengdian Law Firm, graduated from Southwest University of Political Science and Law, served as a police officer of a certain city public security bureau, and is now a special mediator of the Futian District People's Court, Shenzhen Garment Industry Association Member of the Law and Compliance Expert Committee.
[Practice Field] Mainly engaged in criminal defense, criminal prosecution and civil and commercial dispute resolution, involved in handling many types of criminal defense cases, corporate compliance and criminal compliance business of many companies.
[Contact Information] Tel: 13699797647
Email: luopanpan@shengdian.com.cn
