Code of conduct, ethics and good practices
I. PRELIMINARY.
1. This document (the “ CDC ”) includes the values, principles, norms and guidelines of conduct that must inspire and govern the actions of the members of GFM – Abogados (“ GFM ”) in their respective fields. For these purposes, members of GFM will be understood as all the partners, lawyers, employees, collaborators and interns of all the offices and companies that make up or may in the future integrate GFM.
2. As a law firm, GFM complies and must comply with the ethical principles and deontological standards that govern or will govern in the future the legal profession. Likewise, GFM endorses the principles of social responsibility and the guidelines for respect for human, labor, environmental rights and the fight against corruption.
3. GFM does not allow or tolerate discrimination based on race, color, nationality, social origin, age, sex, marital status, sexual orientation, ideology, political opinions, religion or any other personal, physical or social condition of its members and promotes equal opportunities. In particular, GFM promotes equal treatment between men and women and rejects any manifestation of abuse of authority, discrimination, harassment, violence or any other conduct that creates an intimidating work environment or offensive to the personal rights of its members.
4. GFM will maintain zero tolerance for this type of behavior and will apply the sanctions that are applicable in each case. GFM has procedures to report, manage and resolve this type of behavior, maintaining the confidentiality of the complainant.
II. BINDING NATURE.
5. This CDC is mandatory for all members of GFM and is part of its internal regulations, which make up the set of regulations, codes of conduct, procedures and policies that govern the life of GFM, regardless of the body to which it refers. your approval is appropriate.
6. Violation of this CDC will be considered a violation of their labor obligations (in the case of employees), their corporate obligations (in the case of partners) or their commercial obligations (in the case of collaborators), and will be will sanction in accordance with the regulations that are applicable to them at all times.
III. PRINCIPLES AND VALUES.
7. All GFM members are committed to compliance with the law in general, and to compliance with the ethical standards and principles that govern the legal profession in particular.
8. GFM lawyers are obliged to comply with the deontological rules that govern the profession at all times.
9. The set of norms, principles and values included in this CDC constitute the ethical model of behavior that must inspire and govern, at all times, the actions of GFM members.
IV. PROFESSIONAL CONDUCT.
(1). Prevalence of GFM interests.
10. The interests of GFM as a collective entity are and must always be above the particular interests of its members.
11. GFM members cannot use for their own benefit or that of third parties: (i) business opportunities that, by their nature, correspond to GFM, nor ( ii ) confidential information of which they become aware due to their activity. in GFM or its relationship with clients.
12. GFM members may not use the GFM name or invoke their status as GFM members to carry out operations for their own benefit or for the benefit of persons related to them.
(2). Engagement with the client.
13. GFM's activity is aimed at providing clients with legal advice and solutions of the highest quality and added value, based on ethical principles and offered through an agile and effective service, with the maximum commitment to their interests. This requires us to: (i) understand the client's needs, ( ii ) provide constant dedication, ( iii ) maintain a high level of demand in technical rigor, and ( iv ) without diminishing our independence, maintain a high degree of commitment to your interests.
14. In addition to excellence and professional rigor in the advice we provide, GFM members must pay very special attention to client satisfaction, in terms of the assessment and perception of our professional services. This obliges us: (i) to maintain an open and sensitive attitude to the client's suggestions, and ( ii ) to correct any deficiencies that may be transmitted to us, introducing appropriate improvements in our professional activity.
15. GFM has policies and procedures regarding quality control, mandatory for all its members, which aim to guarantee the quality of the service and advice we provide to our clients.
(3). Continuous training.
16. Continuous training is a fundamental tool to be able to maintain the high level of excellence and rigor that we demand of ourselves. GFM gives enormous importance to continuous training, not only as an essential requirement to achieve the technical quality we seek but also as a necessary instrument for the full development and professional promotion of our lawyers.
17. Consequently, continuous training is an obligation for all GFM members, who must aspire to specialization, to deepen technical knowledge, to increase their experiences and share them with others.
(4). Professional development
18. GFM is committed to enabling the professional development of its partners, lawyers and employees.
19. Said professional development is based on meritocracy, that is, decisions regarding people's performance are based exclusively on their capacity and skills. GFM has a performance evaluation system for all its partners, lawyers and staff, whose main objective is to monitor and ensure their career plan. Meritocracy applies to all decisions about selection, hiring, compensation, evaluation, and assignment of duties or matters.
20. GFM has a vocation for permanence over time and is committed to providing new generations, those already incorporated and those yet to arrive, with the means and opportunities necessary for the development of their professional career, according to their merits and capabilities. All GFM members must collaborate in this task with generosity and putting the interests of the group before their own.
(5). Conflicts of interest.
21. GFM has strong conflict of interest principles in place. The principles of independence and loyalty, which govern the legal profession, prevent accepting matters that may enter into a deontological conflict with the interests of clients.
22. GFM has a “conflict check” procedure (framed within the matter opening procedure), which seek to detect and resolve any possible conflict situation before firmly accepting the assignment. Observance of this procedure is mandatory for all its members and, especially, for partners and people involved in the process of opening matters.
(6). Gifts and invitations.
23. GFM members may not give or accept gifts or invitations in the development of their activity (whether for them directly or for family members or partners), unless they are of irrelevant or symbolic economic value and respond to displays of courtesy, attention. or customary invitations in accordance with social customs, as they are within sensible and reasonable limits. In any case, gifts or invitations that are prohibited by applicable regulations, that may condition professionalism or independence, or that may influence professional decision-making will not be acceptable.
24. GFM members may not, directly or through an intermediary:
a) Promise, offer or grant unjustified advantages or benefits that have the immediate or mediate objective of obtaining a present or future benefit, whether for GFM, for themselves or for a third party.
b) Receive, request or accept benefits or advantages of any nature to unduly favor third parties in the contracting of goods or services or in commercial relations.
c) Receive money from clients or suppliers in a personal capacity, not even in the form of a loan or advance. The above does not include loans or credits that may be granted by financial entities that are clients or suppliers of GFM.
GFM will maintain zero tolerance for this type of behavior and will apply the sanctions that are applicable in each case.
25. GFM will maintain at all times an Anti-Corruption Policy that will regulate all these aspects, which is mandatory for all its members.
(7). Appropriate use of GFM resources.
26. GFM makes available to its members the necessary and appropriate resources and tools for the development of their activity. GFM members must make appropriate use of them, in accordance with the Internal Regulations, using them only for the development of their professional activities and avoiding their private use, except in an exceptional and justified manner and in accordance with reasonableness parameters.
27. The use of GFM resources must be responsible and comply with security criteria, avoiding any illicit use, contrary to applicable regulations.
(8). Security and confidentiality of information.
28. GFM members have access to information pertaining to GFM and its clients. All the information that they may access, in its entirety and regardless of the source or medium in which it is found, has the character of confidential information and is expressly subject to the duty of secrecy without limitation in time.
29. The information will be used exclusively for the objective established by GFM or by the client, as appropriate, and respecting the provisions of the security policies and the policies for the use of computer devices and systems that GFM may have in force at any time.
30. All GFM members are responsible: (i) for treating information appropriately, ( ii ) for preserving its confidentiality, and ( iii ) for preventing its unauthorized dissemination.
31. GFM has implemented technical security measures, which are continually updated, to protect the security and confidentiality of the information.
(9). Intellectual and industrial property.
32. GFM is the owner of the property and the rights to use and exploit the computer programs and systems, manuals, studies, reports, legal opinions, contracts, writings of all kinds and any other work created by the members of GFM in the framework of their professional activity.
33. GFM members must always respect the intellectual and industrial property rights of third parties in their professional activity. In this sense, in the publications they may make, third-party content must be appropriately cited.
V. NORMATIVE COMPLIANCE.
(1). Prevention of money laundering and terrorist financing.
34. GFM is fully committed to complying with regulations regarding the prevention of money laundering and the financing of terrorism. GFM will maintain zero tolerance for this type of behavior and will apply the sanctions that are applicable in each case.
35. GFM has implemented policies and procedures regarding client admission, due diligence, document conservation, internal control, risk assessment and management and, in general, compliance with applicable regulations, which aim to prevent and impede related operations. with money laundering or terrorist financing.
36. Observance of the procedure for opening matters and the due diligence measures that GFM has established at all times is mandatory for all its members and, especially, for the partners and people involved in the process of opening matters.
(2). Data Protection and Privacy.
37. GFM is fully committed to complying with regulations regarding the protection of personal and commercial data.
(3). Prevention of occupational hazards.
38. GFM maintains a firm commitment to compliance with regulations regarding the prevention of occupational risks and to continuous improvement in the management systems for said risks.
39. GFM has protocols, plans and recommendations aimed at avoiding occupational risks for its employees and promoting their well-being in the workplace.
40. The well-being of its employees is of fundamental importance to GFM and is taken into account: (i) in the design of the offices, ( ii ) in the operation of the facilities, and ( iii ) in the selection of furniture and work tools.
(4). Complaints channel.
41. GFM has a complaints channel through which its members can inform partners, with confidential treatment, of irregularities, non-compliance or bad practices that they may have detected in the activities carried out by other members of GFM.
VI. RELATIONSHIP WITH THE ENVIRONMENT.
(1). External activities.
42. GFM members will dedicate to the firm all the professional capacity and personal effort necessary to carry out their duties.
43. Unless otherwise agreed or expressly authorized by the competent body, lawyers will carry out their work on an exclusive basis and subject, in all cases, to the provisions of the applicable regulations and the contractual terms that, at any given time, may be applicable.
44. Lawyers may not provide, on their own or on behalf of others, to companies or entities other than GFM, labor or professional services similar or equivalent to those provided by GFM, or that may involve a conflict of interest with it.
45. As a general rule, GFM lawyers may not hold administrative positions (in fact or in law) in companies or corporations or other entities, nor perform management or legal representation functions for them. Said general rule is subject to the exception that its performance is previously approved by the corresponding GFM corporate body, and that it results in a remunerated activity for GFM.
(2). Membership or collaboration with political parties.
46. GFM respects the performance of social or public activities by its members, as long as this does not interfere with their work or cause or be likely to cause any damage to GFM, reputational or of any other type.
47. In any case, any connection, membership or collaboration with political parties or associations will be carried out in a personal capacity and avoiding any relationship or connection with GFM. It is totally prohibited to refer to GFM membership, present or past, in any type of political activities or activities that are carried out under the protection or with the coverage of political parties.
(3). Membership or collaboration with associations, foundations and non-profit institutions.
48. GFM members, to the extent appropriate and convenient for GFM, may be members or collaborate (in their own name or on behalf of GFM) with associations, foundations or similar entities, of a professional and non-commercial nature. profit, related to the legal world or the business world.
49. Unless done on behalf of GFM, any connection, membership or collaboration with said associations, foundations or institutions will be carried out in a personal capacity and avoiding any relationship or connection with GFM.
(4). Pro-bono performances.
50. GFM is fully aware of its social responsibility and commitment and, consequently, actively participates and promotes the carrying out of pro-bono activities of interest to the community.
(5). Teaching activities.
51. GFM encourages: (i) the carrying out of teaching activities, both in public and private centers, ( ii ) participation in courses, seminars and conferences, and ( iii ) the publication of books, articles and collaborations, provided that such activities do not interfere with the performance of the main activity of the person carrying it out.
(6). Social networks, blogs and other social media.
52. GFM conceives the use of social networks as an institutional communication tool that, in line with GFM's strategy and objectives, can contribute to enhancing its identity and corporate culture.
53. Regarding the use of social networks, blogs and other social media, GFM members will abide by what is established at all times in the policies and good practice guides that are approved.
54. GFM members are expressly prohibited from using social networks and other means of social communication to disseminate information, make demonstrations or show images that may be: (i) offensive, discriminatory, defamatory, inappropriate or inappropriate, ( ii ) that may violate the duty of secrecy, or ( iii ) that may affect in any way the prestige and reputation of GFM, its members and/or its clients.
(7). Environmental responsibility.
55. GFM complies with all environmental laws and regulations and promotes environmental awareness, incorporating the best environmental practices in its professional and corporate procedures and attempting to minimize negative environmental impacts.
56. GFM maintains a constant concern for: (i) improving energy efficiency, ( ii ) reducing water and electricity consumption, and ( iii ) reducing waste generation.
(8). Contracting of goods and services.
57. GFM contracts for goods and services based on price, quality, performance and suitability.
58. GFM has a purchasing management procedure that aims to: (i) define who can buy, what they can buy and the processes to follow in each case, ( ii ) define the necessary approval levels based on the amount of the purchase, ( iii ) improve the quality of the products and services purchased and the optimization of our resources, and ( iv ) offer total transparency in our purchasing process.
VII. ACCEPTANCE OF TERMS. REVISION.
59. The terms of this CDC will be informed and accepted by each member of GFM at the time of joining the Firm.
60. This CDC may be subject to periodic reviews and updates which will be duly communicated to GFM members.
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