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THE SUPERVISORY BODY
Once the Organization Model has been approved, its correct application must be controlled ex lege by the Supervisory Body of the company, as written in article no. 6 of Decree 231/2001. In case of a lack of control, the Model will not be considered valid.
Control procedures can be carried out by the editor of the Organization Model but also by any other individual after the Model has been approved, provided that he/she is qualified to perform the assigned task.
The members of the Supervisory body are delegated by the Board of Directors. It is appropriate to specify Supervisory Body’s Duration of tenure and the rules regarding a potential re-eligibility. In order to guarantee the effectiveness of the system, law requires companies to endow with a structure able to exempt themselves from risks of crime and relative sanctions.
The Supervisory Body has autonomous powers of initiative and control and it must carry out annual inspections needed to guarantee:
- ordinary control and respect of the procedures of Model 231;
- ad hoc inspections whenever the Supervisory body believes it is necessary with the purpose of facing discrepancies or anomalies;
- control of compliance with the Law and updating of management protocols’ content of Model 231.
The Supervisory Body will always be willing to receive any type of discrepancies (specific communication channel will be established) about Model 231.