Il Modello di organizzazione e gestione ex D.Lgs. 231/2001
The Legislative Decree of June 8, 2001 no. 231 (Legislative Decree 231/2001) introduced a significant novelty in the Italian legal system, providing for a form of liability, defined as administrative, but comparable to criminal liability, to be borne by legal persons, companies or associations, including those without legal personality, for certain crimes committed in the interest or to the advantage of the Company, by individuals in “apical” positions or by those who are subject to their management or supervision.
This liability is independent of the criminal liability of the individual who committed the crime and is therefore in addition to it.
The administrative liability of the Company is excluded if it has adopted and effectively implemented, prior to the commission of the crimes, organizational and management models suitable for preventing the crimes.
The Company has adopted an Organization, Management and Control Model (Model 231), by resolution of the Board of Directors, which formalizes, in a nutshell, the set of measures aimed at preventing the crimes provided for in the Legislative Decree. 231/2001, as part of the activities identified as sensitive to the potential risk of the commission of an offense referred to in that decree.
The Company has also established a collegial Supervisory Board, appointed by the Board of Directors and endowed with autonomous supervisory and control powers, with the task of supervising the operation of and compliance with the Model and ensuring that it is updated.
The principles and rules expressed in Model 231 are consistent with those set forth in the Group Code of Ethics adopted by the Company by resolution of the Board of Directors. The Code of Ethics expresses, among other things, lines and principles of behavior aimed at preventing the crimes set forth in Leg. 231/01 and expressly refers to Model 231 as a useful tool for operating in compliance with regulations. The Code of Ethics should therefore be considered as an integral part of this Model 231 and a fundamental tool for achieving the Model’s objectives.
This liability is independent of the criminal liability of the individual who committed the crime and is therefore in addition to it.
The administrative liability of the Company is excluded if it has adopted and effectively implemented, prior to the commission of the crimes, organizational and management models suitable for preventing the crimes.
The Company has adopted an Organization, Management and Control Model (Model 231), by resolution of the Board of Directors, which formalizes, in a nutshell, the set of measures aimed at preventing the crimes provided for in the Legislative Decree. 231/2001, as part of the activities identified as sensitive to the potential risk of the commission of an offense referred to in that decree.
The Company has also established a collegial Supervisory Board, appointed by the Board of Directors and endowed with autonomous supervisory and control powers, with the task of supervising the operation of and compliance with the Model and ensuring that it is updated.
The principles and rules expressed in Model 231 are consistent with those set forth in the Group Code of Ethics adopted by the Company by resolution of the Board of Directors. The Code of Ethics expresses, among other things, lines and principles of behavior aimed at preventing the crimes set forth in Leg. 231/01 and expressly refers to Model 231 as a useful tool for operating in compliance with regulations. The Code of Ethics should therefore be considered as an integral part of this Model 231 and a fundamental tool for achieving the Model’s objectives.
Code of Ethics
Code of Ethics
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Model of Organization
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