The Legislative Decree does not force companies to furnish themselves with an Organization Model aimed at preventing crimes. Nevertheless, adopting an adequate model according to Decree no. 231 entails great advantages for companies:

  1. a reason for excluding or mitigating the liability of a company.

Providing the company with Organization Model 231 may clarify the criminal liability of the upper management (excluding criminal responsibility for persons who have not committed the crime), thus avoiding the concept of interest and advantage for the company which derives from the crime actually committed by administrators or employees (articles no. 5 and 6) and also preventing the company from facing the consequences of the abovementioned Article 9.

Bonsegna Law Firm gives companies the legal advice needed in order to endow a company with an Organization Model, a Code of conduct and all the Protocols needed to adapt to Decree 231/2001 and have significant advantages which guarantees to companies:

  • exclusion or mitigation of the company’s liability;
  • guarantee of reliability in the relationships with business partners;
  • a key strength in AGCM (Italian Competition Authority) and Tender Code’s new ‘legality rating’.