The prevention of criminal risks in the company has become one of the main challenges of businessmen, managers and other leading persons of companies, who do not want their company to be exposed to a severe corporate criminal liability.
Our lawyers are specialized in economic criminal law and have a solid training in the particularities of corporate criminal responsibility and an accredited experience in the implementation of corporate criminal defense programs.
We developed an advanced legal methodology that allows us to implement a solid corporate criminal defense scheme, to advise compliance officers in the development of their control functions and to audit the working of the compliance system.
We make a complience – analysis adjusted to the real characteristics of each company,we establish a control of conduct to minimize the compromising situations and créate an ethical code that improves the positioning of the society before institutions, suppliers and clients.
Our profesional support and the interdisciplinary work that constitutes the identity of your Company, offer a comprehensive, solid and solvent result,which covers the protection needs against the increasing criminal risks that you assume in your daily activity.
Tax compliances are one of the main worries of the bussines men in Spain. Sentences for fiscal and tax offences do not only come from the misuse of the money outside law or for not having declared some specific activities by the taxpayers. What is called risk of interpretation is getting more and more important. This means that the Fiscal Authority might understand fiscal law in a different way from the tax payers, which could constitute an administrative or tax offence.
GRUPO ASESOR ROS advises companies to set up a fiscal compliance scheme which will prevent, detect, manage and reduce fiscal risk of companies. Fiscal compliance means relief and reassure for companies.
After having entered into force Data Protection Law (RGPD) 2016/679 and its later modification and adaptation to the nacional norm by the Organic Law 3/2018 Data Protection Law and Digital Rights Guarantee, a lot of changes were introduced.
Above all of them, we would have to point out the approach of a data protection model mainly based on active responsibility ( also called accountability principle ) of the ones in charge of data processing, imposing the obligation of showing the fullfilment of the data protection law norms and the tightening of penalties for law breaking with fines which could go up to 4% of the business income.
GRUPO ASESOR ROS has developped tools for the evaluation of the risks in relation to the personal data processing and to the introduction of the specific necessary mesures for companies to be adapted to the new norm.
Foundations, non lucrative entities and political parties are not trading companies but they are obliged to have bookkeeping and accounting records and to register these in an offcial registrer. Foundations and non lucrative entities in a regional or national register depending on their range of operation and political parties in the Court of Auditors.
Even though the specific features of these entities, they are subject to labour law and fiscal law and their annual accounts could be audited either voluntarily or obliged by a legal norm.
These entities are subject to the sanctioning and disciplinary procedures coming from the Authorities and their administrators could incur into criminal and personal liability caused by their direct action, the action of their employees or even for their control failure.
We have created a special area in our office dedicated to give the best advice to these entities in order to give the best and widest answer to their needs.
We have special and specific methods to solve all problems in relation to the corporate estatutes, constitution and liquidations of companies, bookkeeping, accountancy, funds management, annual accountancy and protection and defense against sanctioning procedures.
The support of professional people working for GRUPO ASESOR ROS in the different departments (law, labour and tax) and the interdisciplinary work which is one of the characteristic of our company, offer a complete, solid and reliable result which covers the different needs of foundations, non lucrative entities and political parties against the risks of their activitie.
Aproximately only 8,9% of the family business in Spain have made a succession planning via family protocol. The consequences of this lack of foresight is very clear: only 15% of the Spanish family business survive to the first generation. That´s the reason why it is very important to plan adequately the generational change of a business.
There are lots of factors which could explain a family business failure. Besides the fact that every family and business circumstances are different.
Most common business family conflicts are the following ones: the lack of a proper succession planning, influence of close relatives about how to run the business, discrepancy about the distribution of responsibilities, remunerations and profit of the company.
GRUPO ASESOR ROS USES THE ROS SYSTEM of planification of a family business which is structured in 3 main points, Reflexion (R), Organisation (O) and Succession (S). The whole system is based on the main idea of pact between generations.
Experience shows us that a suitable family business planning guarantees success and business continuity.
GRUPO ASESOR ROS has created an expert committee to advice companies during the COVID-19 crisis and the later recovery period.
Our goal is to establish the best action lines to face the different situations in which companies may fall and to give them a better planning and orientation in commercial, business, labour and tax fields.
The group of professionals works in two different fields:
-To identify the risks and reduce the effects during the pandemic.
-To support companies after the pandemic informing them about new business opoortunities , planning, orientation and efficient law application.
The support of professional people working for GRUPO ASESOR ROS in the different departments (law, labour and tax) and the interdisciplinary work which is one of the characteristic of our company, offer a complete, solid and reliable result which covers the different needs of the companies.
Internalisation and integration of Worldwide economy activities, means that related-party transactions are vey important nowadays. High fiscal risks related to this kind of transactions make this kind of transactions to be one of the most controlled ones. If we have a look to the Spanish Treasury fiscal control annual plans, we can realize that the control and review procedures are stronger every year.
The risk is so high that the legislator penalize not only the wrong valuations of the related-party transactions, but also the lack of documents regarding the Transfer Prices, regardless of the fact the taxpayer is trading at the right marked value.
All things taken into consideration it is very important to deal with proffessional legal experts and fiscal Advisers who will respect the legal demanded requirements and who will prepare solid Transfer Prices documentation.
To this effect, Grupo Asesor Ros provides risk diagnosis services, strategy plans, documentation elaboration and defense of the taxpayer in relation to the Transfer Prices.