Clarifying the powers and responsibilities of the manager
Managing a company is a risky mission: in a number of cases, the manager is criminally liable, even if he is not directly at the origin of the decision having led to the offence.
He can be sentenced to pecuniary sanctions, imprisonment, deprived of his civic or family rights …
Of course there is no power without responsibility, but the manager must be aware that the more he monopolises the assignment of direct powers, the more he is legally exposed. There are solutions that allow these risks to be reduced and shared, while preserving a real management role.
Our primary concern is to ensure that the manager can fully play his role as decision-maker, without being overexposed and in optimizing the firm’s efficiency.
Our answer
We assist you in all or part of the following assignments, depending on your requirements:
- choice of the manager’s status, of the social mandates, the organisation of the power within the firm
- setting up of delegations of powers and subdelegations to displace and share the risk
- setting up and management of a system of internal and risk control procedures
- setting up of internal regulations, charters … to inform the employees of the areas of risk
- setting up of a good company governance
- defence of the manager on whom doubt is cast in the event of social problematics
- defence of the manager on whom doubt is cast in the event of environmental problematics
- defence of the manager on whom doubt is cast in the event of commercial problematics
- defence of the manager on whom doubt is cast in the event of financial problematics
- defence of the manager on whom doubt is cast in the event of accounting and tax problematics
- defence of the manager on whom doubt is cast as a result of inspection operations coming from various regulating bodies (including European)
- defence of the manager on whom doubt is cast for faulty management
- manager’s liability in the event of the firm’s failure
- transfer of the firm and guarantee of assets and liabilities
To reduce his risk, the manager should firstly be aware of all the legal obligations to be complied with; he should then build the adapted internal procedures.
We recommend:
- an audit of the disputes, frauds and sanctions undergone by the company over the last 24 months
- an preventive audit of the practises of the main risk functions, with corrective recommendations
- a training course for the executives and managers and a general sensitization of the exposed teams.
The main fields of expertise concerned
Criminal business law
Company law
Social law
And also…
Companies in difficulty & Turnaround
Mergers Acquisitions
Tax law
Your privileged interlocutors
In Lyon
Edouard BERTRAND
André GAST
Vincent MEDAIL
Patrick VERGNOLE
In Paris
Guy-Pierre CARON
Elisabeth NEIDHART
Jérôme SALEUR
What you say about us...
« As a new manager, I suddenly found myself before the Court for the sale of safety devices to individuals considered as abusive under the consumption laws ; I quickly reorganised the working methods of the sales teams!... »
The Managing Director of a small company in the security industry
