Italian Legislative Decree 231/01
Rules of administrative liability for legal entities, companies and associations without legal status
GETSOLUTION assists companies in complying with the provisions set forth by Italian Legislative Decree 231/01, entitled “Rules of Administrative Liability for legal entities, companies and associations without legal status”.
According to this regulation, fraud, bribery, corruption as well as corporate crimes, such as false corporate communication, stock manipulation and false accounting, may even be attributable to the company when committed by natural persons. Italian Legislative Decree 231/01 requires companies to show that they have implemented a Corporate Organizational Model aimed at preventing the occurrence of such crimes.
The operational steps that lead to the drafting of the Organizational Model, and therefore represent the contents of the same, are the following:
- The identification of the activities in which such crimes can be committed
- Risk analyses concerning crimes
- The definition of checks to be put in place in order to prevent the occurrence of such crimes.
- The drafting of a company code of ethics
- The constitution of a supervisory body and the definition of its relative responsibilities
- The determination of obligations in terms of reporting to the supervisory body
- The establishment of a disciplinary system for sanctioning any non-compliance with the measures indicated in the organizational models
- The scheduling and implementation of training
- Collaborates with the Supervisory Body, assisting the client with all matters in which the Supervisory Body is involved.
- The organization of the training courses required by law for all employees, including senior management, according to two methods: