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Corporate governance
Administrative responsibility discipline
Legislative Decree n. 231 of 8 June 2001, “Discipline of administrative responsibility in organizations, companies and associations” introduced the concept of an entity being responsible for crimes in addition to the actual individual who actually carried out the illicit act to the advantage of the organization or even only in the organization’s interests, without necessarily deriving any concrete advantage or interest.
This is valid for crimes committed both by individuals holding high positions and individuals managed by others, including individuals not necessarily listed in the organization chart, such as consultants or brokers. The legislation (Art. 5, Sub-section 2, Legislative Decree 231/2001) explicitly states that the company is not responsible if those individuals acted exclusively in their own interest or that of third parties.
Documents (in Italian only)
Modello Organizzativo DLgs 231-2001.pdf (300KB)
Procedura Sanzionatoria DLgs 231-2001.pdf (774KB)
Presentations (in Italian only)
Presentazione DLgs 231-2001.pps (228KB)
