Ex Legislative Decree n. 231 of June 8, 2001
Legislative Decree 8 June 2001 n. 231 (hereinafter “Legislative Decree 231/2001” or “Decree”), introduced into the Italian legal system, the regulation of the administrative liability of entities (entities – to be understood as companies, associations, consortia, etc., below called “Entities”).
Pursuant to art. 5 paragraph 1, of the aforementioned Decree, companies can be held responsible, and consequently sanctioned, in relation to certain crimes committed or attempted, in the interest or for the benefit of the company:
- by people who hold representative, administrative or managerial functions of the entity or its organizational unit with financial and functional autonomy as well as people who exercise, even de facto, the management and control of the same;
- by persons subject to the direction or supervision of one of the subjects referred to in point 1
The administrative liability of the Company may cease if, prior to the commission of the offense, the governing body has adopted and effectively implemented an organization, management and control model suitable for preventing crimes of the type that occurred / perpetrated (articles 6 and 7 of the aforementioned Decree). As required by art. 6, paragraph 3, the above models can be adopted on the basis of codes of conduct drawn up by the representative associations of the entities.
In relation to the above, the sole director of CR TUBI S.R.L. has approved this Organization, Management and Control Model and its Annexes, with the aim of complying with the provisions of Legislative Decree 231/2001.
The Model is structured as follows:
Title I contains the description of the current regulatory framework (chapter 1) and the list of predicate offenses (chapter 2).
The data and information are updated on the date of approval of the Model and are for descriptive purposes only.
Title II describes the constituent elements of the Model
- a brief description of the Organizational Model (chapter 1)
- the purposes of the Model with reference to the Risk Areas (chapter 2)
- the characteristics and powers of the Supervisory Body (chapter 3)
- the characteristics of the disciplinary system suitable for sanctioning failure compliance with the measures indicated in the Model (chapter 4)
- Legislative Decree 231/2001, the Organizational Model, the Code of Ethics (chapter 5)
- the special parts (chapter 6)
- mapping of risk areas (chapter 7)
Title III contains the application elements of the Model
- control principles and internal procedures (chapter 1)
- identification and description of corporate governance principles (chapter 2)
- Code of Ethics (chapter 3)
- disciplinary system (chapter 4)