Corporate Management

D.Lgs 231/2001 Responsability

The administrative responsibility of the Companies and agencies regarding crimes (penal) committed, in the interest of the companies, by subjects which are part of the organization and physically realize the fact.

The laws include between major crimes: corruption, offense against public administration and corporate crimes.

The lawbreaker will be subjected to pay very heavy administrative fines and disqualifications which are extremely dangerous for the survival of the company itself.
The entity is exempt from the responsability if, during a prosecution, shows that it has adopted and effectively implemented the organization, management and control models required to prevent the realization of the alleged offenses (Dlgs 231 / 01).

All the companies which potentially can be in this situation ought to prepare and implement the "Model".

De facto it's the same tool, with appropriate adaptations and refinements, which is called "Internal Control System" in the Anglo-Saxon world.

D.Lgs 231/2001 Responsability

 

The project becomes an activity that relies on professional and skills like organizational, procedural and legal, involving in the team's project some company contacts identified for their expertise and full understanding of business processes and procedures, as well as the legal advisors of the company (if necessary).

 

The main phases of the project are as follows:

  • Identification and mapping of key business processes at risk of crime
  • Development of the matrix activities/risks/crimes, preparatory to the formulation of preventive protocols
  • Identification and formalization of the prevention protocol
  • Formalization of the model
  • Formation and activation of the Supervisory figure

 

The scope of our work is substantially different depending on whether or not the company is based on the ISO 9001 quality system, an important starting point for organizational and procedural aspects that characterize the "Model".

 

Multiconsult's team is able to support the business and property in all the project's phases, assuming the role of facilitator and coordinator of the activities required for the deployment of the Internal Control.

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