By José Alexandre Buaiz Neto, Daniel Rebell, Amanda Athayde, Camila Sobrinho & Bruna Passarelli
Over recent years, companies have become increasingly concerned about ensuring compliance with the law, through the implementation of integrity programs.
A variety of factors has contributed to this growing concern, such as the evolution oflaw1 and of enforcement, alongside pressure from stakeholders and society, regulatory incentives2 or restrictions on the activities of companies acting in violation of law, and further, an increase in reputational risks. The implementation of integrity programs is, in general, a task of compliance officers.
However, the relevant authorities may in some cases where the companies are involved in wrongdoings, determine the involvement of corporate monitors to ensure that such companies actually implement effective integrity programs that may change their corporate culture and remedy the origin of the wrongdoing, or hiretrustees to oversee the implementation of the relevant authority’s determinations.
This paper provides an insight into each one of the aforesaid roles, outlines the differences between Compliance Officers, Corporate Monitors and Trustees under antitrust and anti-corruption laws and provides recent examples for ease of understanding under the Brazilian experience.
