Team size: 100  

How do you approach managing legal matters during periods of instability or crisis, and how do you align your legal strategy with the overall business strategy to ensure the organisation’s resilience? 

Addressing these issues is crucial to ensuring the organisation’s resilience. To that end, and with the aim of aligning the legal strategy with the overall business strategy, during a crisis, it is vital to swiftly identify emerging legal risks, including those related to regulatory compliance, potential litigation, and legislative changes. 

Ongoing compliance is crucial, ensuring that the company remains compliant with all applicable laws and regulations, even during periods of crisis (adapting to new regulations that may arise as a result of a crisis). 

Professionals must be able to provide proactive and timely advice to help the company make informed decisions, including interpreting new laws and regulations that may affect the business. 

Maintaining constant communication between the legal team and other key departments is key to ensure everyone is aware of the legal risks and mitigation measures. 

Developing and updating contingency plans that address potential legal scenarios during a crisis is essential. These should include strategies for business continuity, litigation management, and regulatory compliance. Simulations and tests of these plans are often conducted to ensure the company is prepared to withstand adverse legal situations. 

Legal decisions should support the company’s strategic objectives, such as asset protection, reputation management, and long-term sustainability. Involving the legal team in strategic decision-making is crucial to ensure that the legal perspective is an integral part of business strategies. 

The legal team must maintain a flexible and adaptable mindset to respond quickly to changes in the legal and business environment. Additionally, continuous training of the legal team and other key employees on changes in the legal landscape and how they may affect the company is crucial.  

What measures has your company taken to incorporate sustainability practices into its core business operations, and how does the role of general counsel contribute to driving and ensuring sustainable practices within the company? 

To attempt a response to this question, we can break it down into two parts: (i) the measures taken by the bank to incorporate sustainability practices; and (ii) how the role of the general counsel can contribute to driving and ensuring these practices. 

(i)FONPLATA has developed internal policies aimed at achieving sustainability, ranging from carbon footprint reduction and efficient resource management to the implementation of responsible working practices. 

FONPLATA’s operations are aligned with the United Nations Sustainable Development Goals, ensuring that each financed project contributes to the sustainable development of member countries. For example, efforts are made to design instruments for financing sustainable development projects that contribute to climate change adaptation and mitigation, as well as projects for renewable energy generation, sustainable cities, and integrated development, addressing topics derived from the 2030 Agenda and the SDGs. 

FONPLATA prioritises financing projects that promote renewable energy, green infrastructure, and sustainable urban development. Each project undergoes rigorous evaluation to ensure compliance with environmental and social standards, minimising negative impacts and maximising sustainable benefits. 

(ii) The general counsel works with the executive team to develop strategies that integrate sustainability across all business operations, provides counsel on legal risks and opportunities related to sustainability, ensuring the company complies with regulations and takes advantage of incentives for sustainable practices, and oversees compliance with applicable environmental and social regulations, ensuring that FONPLATA’s operations align with the highest regional and international legal and ethical standards. 

 The general counsel also develops and enforces internal policies that promote sustainability, including codes of conduct and operational procedures, ensures that all contracts and agreements with third parties include clauses that promote sustainable practices and compliance with environmental standards, and monitors the implementation of financed projects to ensure that sustainability commitments are maintained throughout the project’s execution. 

In summary, FONPLATA has implemented various measures to integrate sustainability into its operations, with the general counsel playing a vital role in driving and ensuring that these practices are maintained and evolved, contributing to the organisation and the sustainable development of its projects.