Compliance normativa | Responsabilità persone giuridiche

Legislative Decree 231/01 - Administrative liability of entities

As is well known, Legislative Decree 231/01 introduced administrative liability of legal persons for a series of crimes committed in the interests of or to the advantage of said entities and, at the same time, set out a series of obligations whose observance protects the legal position of the entity.
At the same time, these obligations present an opportunity for the company, since they allow the analysis of its Management/Operating Model in order to identify opportunities for the improvement of its internal control system.
Projects concerning analysis and adaptation to Legislative Decree 231/01 constitute the core business of Cogitek, which has kept abreast of the issues related to the law in question since its introduction into the Italian regulatory landscape; this allows us to assign highly specialised professionals to such projects, with specific expertise in the following areas:
  • the drafting and updating of Models;
  • the design, preparation and updating of procedures to ensure the concrete implementation of Models and the improvement of internal control systems;
  • assistance to the Supervisory Body pursuant to Legislative Decree 231/01 regarding sensitive areas identified in the Model, and also through the analysis of flows envisaged by the Model;
  • training for internal company employees;
  • quality review of the Model;
  • setting up and checking anti-fraud systems.
Furthermore, our professionals, who hold and have held positions in Supervisory Bodies for major organisations including listed companies, can serve as members of the Supervisory Board for their clients.
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