Proxies and Delegations
On the strength of the experience it has gained in working with companies, Noikos Nike Research Institute Ltd. offers its clients the creation of an organizational chart for responsibilities, both with regard to single “entities” and to business groups, temporary joint ventures or consortia.The operational instruments employed here are civil proxies and delegations of functions, which are created in continuous observance of both legal provisions and relevant case law, both civil and criminal. Proxies allow the agent to “spend” on behalf of the “entity”, committing it with regard to civil law.
The delegation of functions, by contrast, regards the profile of personal responsibility of those operating in the “entity”: a division of functions and relative responsibilities (criminal or administrative) is created within a single “entity” or group, thus avoiding the spread of responsibility or the concentration of responsibility at the top echelons of an “entity”.
When properly designed, the delegation of functions exonerates the delegator from responsibility. It concerns not only individuals, whether or not these form part of the company’s structure (for example, an external firm providing financial consultation) but also operates between companies, in the context, for example, of a parent company offering services for the benefit of subsidiaries or associated companies.