Management and Control Organizational Models
Preparation of Management and Control
Organizational Models, as required by Legislative Decree no. 231/01,
to the end of exonerating “entities” from possible responsibility
in cases of unlawful acts.
the first time in Italian law, Legislative Decree 8 June 2001 no. 231
introduced regulations on the “responsibility
of entities for administrative offenses relating to a criminal act.”
This law applies to all collective entities (limited companies,
partnerships, associations, consortia, temporary joint ventures,
for-profit public entities, etc.) in cases of certain types of
illegal conduct (for example, accounting fraud, fraud against the
State or the European Union, fraud in cases of public subsidies, and
serious and grievous bodily harm and wrongful death when these occur
in violation of norms on worksite accident prevention and on
workplace hygiene and safety).
a business is exempt from administrative responsibility if it has
adopted and effectively put into place a detailed internal control
system before commission of the unlawful act. Such a system consists
of the following elements:
Nike Research Institute Ltd. offers collaboration with businesses to
create internal control systems
. Our firm boasts many years of
experience gained through performing such services at numerous
large-scale companies (to date, over fifty), many of which are listed
on the stock exchange.
is designed according to specific company needs after conducting a
detailed analysis of the field in which the “entity” operates,
the internal procedures already in existence, and the system of
allocating operational functions and responsibilities (proxies and
delegations of functions), both for a single “entity” and for
business groups. Models are implemented taking into account the ways
unlawful acts could be committed: for this reason, criminal law
experience is crucial.
the case of multinational groups, the internal control
system is studied to compare the
specific legislation of the countries in which the group operates to
the end of harmonizing company practices and allowing for control on
the basis of uniform conduct guidelines. In this regard, Noikos Nike
Research Institute Ltd. has already performed a comparative study
between existing legislative norms in countries of Europe and beyond.
addition, once the control system
has been approved by the administrative body of the “entity”,
Noikos Nike Research Institute Ltd. offers a monitoring and updating
service which allows a business to adjust the system to changed
organizational characteristics, legislative modifications or new
developments in relevant case law.