Information to help society

Non Financial Information Statement

Starting in 2020, all companies with more than 250 workers will have to publish a Non Financial Information Statemet . But beyond the obligation, many companies are currently benefiting from having data on their extra-financial sustainability and communicating it to their stakeholders.

The Report must be prepared in accordance with recognized national and international frameworks such as the Global Reporting Initiative (GRI) or Integrated Reporting (IRCC), both in descriptive content and in the choice of indicators for each area. In addition, the report must be verified by an independent external party.

From UHY Fay & Co we put at your disposal our proven experience in Corporate Social Responsibility (CSR).

  • We have the certification of official trainers of Integrated Reporting (IR).
  • Expertise in the AccountAbility AA1000AS norm and the standard Global Reporting Initiative (GRI).
  • Our professionals lead the Commission on CSR and Integrated Reports of the General Council of Economists.
  • Over 30 presentations on CSR and non-financial information in several Spanish Chambers of Commerce, International Chambers, Registers of Economists and Confederation of Employers and Industries (CEOE), amongst others.
  • Criminal prevention.

The legislative modifications introduced between 2014-2015 have meant an evolution in the roles and responsibilities of directors, managers and other members of the companies’ governing bodies. The criminal liability of the legal person does not exempt its directors from liability, whose duty of diligence is also recognized, according to the 2014 reform, in article 225 of the Capital Companies Law, where for the first time certain behavioral obligations were specified on the part of the director, such as exercising with adequate dedication, applying the pertinent measures for management and control, using his duty to demand information to fulfill his commitments and assume the risk of extension of the Civil and Criminal Liability of the business.

Duty of diligence (Art. 225)

  • Diligence of a businessman
  • Comply with the legal and statutory framework
  • Adequate dedication
  • Adequate measures for management and control
  • Duty to demand information to fulfill their duties
  • Risk of extension of Civil and Criminal Liability

The final text of the reform of the Penal Code, approved on March 31, 2015, introduced important changes, applicable to all companies and their directors, regardless of their size, in the field of criminal liability of legal persons, concept introduced in our legal system in 2010. In this sense, the assumptions of criminal liability of the company were expanded, which may be charged, both for the crimes committed by its representatives and directors, and for those committed by its employees, as long as the crime and its consequences have generated a benefit for the legal person and have been carried out in its name or on its behalf.

This rule also recognizes the responsibility of the “director de facto” who is the one who, without having been appointed as such, can exercise powers or faculties proper to said position.