What are the benefits for companies that introduce an Organisational Model pursuant to Italian Legislative Decree no. 231/2001?
Attorney Paride D'Abbiero draws up, reviews and implements Organisational Models pursuant to Italian Legislative Decree no.231/2001, a decree that provides for the application of financial and disqualifying sanctions against the company in the event that its managers or employees commit certain crimes.
What are the sanctions provided for by Italian Legislative Decree no. 231/2001?
The sanctions provided for in the event of breach of the regulations include:
- Fines (up to a maximum of approximately EUR 1,500,000);
- Disqualifying sanctions:
- ban from carrying out the activity;
- the suspension or revocation of authorisations or licenses;
- ban on contracting with the public administration;
- exclusion from concessions, loans, grants or subsidies or the revocation of those already granted;
- ban on advertising goods or services.
- Confiscation.
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Corporate responsibility
How can you avoid corporate liability pursuant to Italian Legislative Decree no. 231/2001?
The particular circumstance of the legislation is that companies risk having huge sanctions applied if a manager or an employee commits certain crimes.
To avoid this liability, companies must demonstrate that they have taken all the necessary precautions and have laid down precise rules of conduct in their Organisation and Management Model (so-called OMM). If this OMM does not exist, it becomes very complex for the company to defend itself and avoid sanctions.
It is therefore essential, first and foremost:
- to adopt a suitable OMM;
- to appoint a Supervisory Body, which checks that the rules stated in the OMM are respected.
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What are the other benefits of adopting an Organisational Model?
The adoption of an OMM results in significant benefits to the company, such as, for example:
- Reducing the risk of application of financial and disqualifying sanctions;
- Allowing for the verification of the existence of any gaps within the organisation and the preparation of appropriate corrective actions;
- Improving the legality rating of the company;
- Facilitating participation in Public Administration calls for tenders.
- Integrating with existing company procedures, hence allowing the rationalisation of existing control measures and information flows between the various offices.
Why choose Attorney Paride D'Abbiero
So you can focus on your running your BUSINESS.
After having adopted an OMM and having organised the company in such a way that the Supervisory Body can check compliance with the rules, business owners can concentrate on the development of their businesses, without having to fear that the unlawful conduct of managers or employees may distract them from their mission.
So you can organise your business in such a way as to improve EFFICIENCY.
In addition to avoiding the application of sanctions, the adoption of an OMM improves the efficiency of the company from an organisational point of view. And every great business owner understands the natural effects of improving efficiency within an organisation.
To assure business owners that the actions of their employees are under CONTROL.
The procedures and rules established by the OMM allow business owners to have full control of their companies and to implement measures aimed at avoiding conduct that is damaging to the company.