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Compliance 231

With Legislative Decree 231/2001, companies and other collective entities may face severe sanctions (including financial penalties and restrictive measures) if certain crimes are committed in their interest or to their advantage by individuals in key positions within the organization, such as executives, managers, and employees.

To prevent and mitigate the risk of such offenses, these entities can adopt an Organizational, Management, and Control Model in accordance with Legislative Decree 231/2001 (commonly referred to as "Model 231"). This is a set of procedures designed to regulate the organization, management, and supervision of business activities. If deemed adequate, Model 231 can exempt the entity from administrative liability and the application of sanctions or, at the very least, lead to a reduction in the penalties imposed.

Rödl & Partner Italy has extensive experience in assisting national and international companies operating in Italy with the implementation of Model 231. Specifically, Rödl & Partner Italy’s professionals, specialized in this field, provide support in:

Conducting risk assessments of sensitive activities and compliance analysis of corporate processes;
Assisting clients in drafting, updating, and maintaining Model 231 and the Code of Ethics;
Developing policies, procedures, guidelines, and conduct protocols in collaboration with clients;
Aligning and integrating Model 231 (aimed at preventing predicate offenses) with Corporate Social Responsibility (CSR) policies and other existing risk management systems already implemented by clients;
Serving as members or chairpersons of the Supervisory Body (Organismo di Vigilanza), which is responsible for monitoring compliance with Model 231;
Managing administrative tasks related to the Supervisory Body;
Conducting audits to verify the actual application and adherence to Model 231 by executives, employees, and other relevant stakeholders, both internal and external;
Planning and delivering training sessions on Model 231 and the Code of Ethics, both in-person and through e-learning platforms.

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Paolo Peroni

Attorney at law (Italy)

Partner

+39 02 6328 841

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