Corporate Criminal Liability

An ethical statement
to safeguard the future
of the company.

We build the compliance framework of the Company in order to safeguard it from sanctions arising from the regulatory provisions concerning the Company’s criminal liability.

Organization | Prevention.

We build the compliance framework of the Company in order to safeguard it from sanctions arising from the regulatory provisions concerning the Company’s criminal liability.

An Organization, Management and Control Model is a set of rules, procedures and operating methods that define the Company. This Model aims to prevent and hinder the commission of white-collar criminal offenses, as regulated by the Italian Legislative Decree 231/2001.

According to Italian Law, the adoption of such model is not mandatory. However, being compliant makes it possible to protect the Company from sanctions in the event a crime is perpetrated by the top managers, or by any individual subject to their direction or supervision (employees, but also temporary workers, consultants …).

The sanctions provided are of financial nature (according to a particular quota system) or of interdictory nature, often accompanied by secondary sanctions (such as the publication of the ruling of conviction) and the confiscation of assets.

The Model | Tailor-made.

Planning

Recognition of the business processes, through a mapping of all operations carried out with the Clients at their offices.

Drafting of a ‘grid’ of sensitive business areas, and subsequent identification of risky activities within these areas.

Drafting of a list of standards to which all employees must comply, in line with the codes characterizing the Client’s industry. The drafting process is then opened and shared with the stakeholders. This document is an integral part of the organizational model as required by the Italian Legislative Decree 231/2001.

Execution

We draw a clear map of the authorization powers and of the delegations, as well as of the management and financial control systems in place. We define the appropriate methods of involving the internal and external stakeholders of the Company. We support the company in the adoption of formal protocols and procedures with which to internal control systems are defined (i.e.: written operating rules indicating the most appropriate control activities).

Construction, implementation and dissemination of a disciplinary system to carry out the task of deterring and stimulating internal legality and compliance.

Dissemination of correct internal procedures and other best practices between all the individuals involved with the company, both internal and external (such as contractors and consultants). This element is essential for a Model built in compliance with Italian Law. We offer innovative, scalable and economically sustainable solutions, such as customized e-learning platforms.

Monitoring

Establishment of a supervisory body tasked with performing the necessary audits over the effectiveness of the Model. The Supervisory Body must have full autonomy in the exercise of supervision and disciplinary power.

Definition of the auditing powers of the Supervisory Board, as well as their planning and implementation.

Implementation of a system for the promotion and investigation of internally-originated reports, in order to prevent or curb the perpetration of offenses.

Review

Updating and revision of all the components of the Model when the following events occur:

  1. Legislative reforms,
  2. Violations of internal rules and procedures,
  3. Modifications to the Company structure.

Continuous updating of the training of staff and third parties involved with the Company.

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