ORGANIZATIONAL MODELS ACCORDING TO LEGISLATIVE DECREE NO. 231/2001

In recent years, in Studio ABCF we have gained experience in the preparation of the organizational models required under Legislative Decree no. 231/2001, thanks to the diverse skills of a team composed of professionals with different specializations, all of them with a legal, administrative and accounting background.

The team comprises experts on corporate, labor law, organization matters and business procedures, as well as civil, administrative and criminal lawyers.

Why adopt an organizational model

Legislative Decree no. 231/2001 expressly requires companies, in order to avoid sanctions or mitigate their liability, to adopt and effectively apply an organizational model, to prevent the commitment of the crimes set out in the decree.

Providing companies with a management and organizational model for the prevention of crimes is therefore a strategic choice for companies, shareholders and directors.

Thanks to the adoption of a model, companies:

• avoid penalties or contain their amount (up to EUR 1,500,000), and avoid compulsory confiscation of the price or profit of the offence, including “by equivalent”;
• avoid the application of precautionary measures (suspension or revocation of licenses, concessions, permits, etc.);
• fine-tune the internal organization of the enterprise;
• ensure compliance with the requirements of the Legislative Decree when this is required by its customers within the context of the contractual relationships.

In order to achieve a real protection, “standard” models or procedures cannot be used: in fact, each system must be constructedad hoc, configured according to the peculiarities of each enterprise and integrated within the existing organization.