Model 231: Published the document prepared by CNDCEC, CNF, ABI and Confindustria

As it is well known, Legislative Decree 231/2001 has introduced into Italian law a regime of liability for legal persons for committing of crimes in their interest or to their advantage by the top managers, or employees, with significant consequences also on the same legal person, potentially subject to pecuniary administrative sanctions that are also very onerous and, in some cases, interdictive.

On February 19th 2019, the document entitled “Consolidated principles for the preparation of organizational models and the activity of the supervisory body and prospects for the revision of Legislative Decree n. June 8th 2001, n. 231” drawn up by the Working Group consisting of:

  • National Council of Chartered Accountants and Accounting Experts
  • Italian Bar Council
  • Italian Banking Association
  • Confindustria

The document deals above all with the difficulties that many operators in the sector, both technical consultants and members of the control bodies, encounter in the preparation and adoption of a model that is endowed with effective efficiency in the jurisdiction.

The work began at the end of 2017. The final version of the document containing the following has now been published:

  • Concrete ideas for the development of organizational, management and control models.
  • Suggestions for the structuring and activities of the Supervisory Body.
  • Proposals for modification of the standard.

The document responds to some critical issues that have emerged over the years, in particular:

  1. Only in a few cases the jurisprudential pronouncements have recognized an exemplary value to the organizational models adopted.
  2. The Supervisory Body continues to display critical issues regarding composition, requirements, relations with other control bodies and other functions.

For these reasons, the CNDCEC has adopted a proactive and multidisciplinary approach also thanks to collaborations with external organizations.

 

Andersen & Legal professionals are available to provide further information and clarifications on the subject in question.