With Legislative Decree 231 of 2001, “Regulations on the administrative liability of legal entities, companies, and associations, including those without legal personality, pursuant to Article 11 of Law No. 300 of September 29, 2000,” companies are subject to administrative liability for certain crimes committed by individuals functionally connected to them. This includes fines, interdictory sanctions, confiscation, and publication of the judgment.
The same Decree introduced the possibility for an entity to be exempt from these penalties if it demonstrates that (Article 6 of the Decree):
- “adopted and effectively implemented, before the commission of the crime, organizational and management models suitable for preventing crimes of the type that occurred;
- the task of monitoring the functioning and compliance with the models and ensuring their updating has been entrusted to a body within the institution with autonomous powers of initiative and control;
- the individuals committed the crime by fraudulently circumventing the organizational and management models;
- there was omission or insufficient supervision by the supervisory body.
The “Model 231”, if in line with the requirements of the law, is an effective tool, in addition to pursuing the primary objective (exempting from administrative liability), to produce the following benefits for the organization:
- the creation of a culture of control;
- improving risk management (identifying risk areas and establishing principles, protocols, and procedures that allow for risk prevention and, where necessary, managing its occurrence);
- the resolution of conflicts of interest between management and stakeholders (managerial management protected from opportunistic management behavior);
- protecting the company’s image and reputation (crime prevention, promotion of the principles of transparency, ethics, fairness, and compliance with the rules).
Achieving these objectives allows for the creation/protection of value.
Assocostieri Servizi boasts extensive experience in preparing 231 models and organizing companies accordingly, as well as in-depth knowledge of the specific characteristics of coastal deposits, ensuring that those who choose to adopt this tool will fully achieve their business objectives.
- preparation of organizational and management models aimed at preventing the commission of crimes;
- Supervisory Body functions: The Supervisory Body plays a fundamental role within the “231 Model.” For this reason, it must be provided with the appropriate powers and resources to perform its functions. Furthermore, Supervisory Body members must possess adequate independence, professionalism, and integrity, failing which the Model will no longer be appropriate.
- validation of organizational models in the coastal warehouse sector;
- Training/information for management and supervisory staff: training and information (through lectures, seminars, various updates, circulars, etc.) are of fundamental importance in making staff aware and informed and updating them on ongoing regulatory and case law developments regarding corporate responsibility. They also promote the dissemination of a culture of prevention and control that facilitates the management of the various aspects related to the application of the “Model 231.”
