The end of ignorance as an excuse
Law 21,595 eliminates the possibility for directors to claim ignorance if they failed to implement adequate control systems. This is what is known as combating 'willful blindness.'
Critical points for Managers:
•Duty of supervision: It is an active obligation, not a passive one. Directors must proactively monitor risks.
•Personal sanctions: Penalties that can include effective imprisonment and perpetual disqualification from public and managerial positions.
•Liability by omission: Not preventing a crime when you could have done so generates direct criminal responsibility.
Executive shielding with Audty:
Audty provides executive dashboards that demonstrate management is actively monitoring risks, serving as evidence of 'Due Diligence' in the event of a criminal investigation.
