THE ADMINISTRATIVE LIABILITY OF COMPANIES – MODEL 231
AR.PE.CA SPA has adopted an organisation, management and control model (Model 231) for the prevention of crimes committed in the interests or for the benefit of the company. In order to ensure its effective application, AR.PE.CA SPA has established a dedicated training programme for all the company’s staff.
Italian Legislative Decree no. 231 of 8 June 2001 introduced the legislation governing the Administrative Liability of Companies, under which Companies can be held liable, and consequently penalised, for certain crimes committed or attempted in the interests or for the benefit of the company itself by its directors or employees. The Company’s liability is waived if it can show that it adopted and effectively implemented an organisation, management and control model suitable for preventing the crimes themselves, and established a body responsible for supervising the functionality and observance of the model, before any such crimes are committed.
In accordance with the relative legislation, AR.PE.CA SPA has adopted its own Model 231 for the prevention of crimes committed in the interests or for the benefit of the company, and has appointed a Supervisory Body with autonomous powers of initiative and control.
HOW ADMINISTRATIVE LIABILITY INTERACTS WITH THE CODE OF ETHICS
The AR.PE.CA SPA Code of Ethics contains the principles of business ethics recognised, accepted and promoted by the Company and its employees. The Model 231 is both a support tool and a central element of the AR.PE.CA SPA Code of Ethics. The Supervisory Body and the other forms of control and monitoring envisaged in the Model 231 are also fundamental elements of the Code of Ethics.
The Model 231 consists of a systematic set of principles, rules, and provisions for the management and control of each business process. AR.PE.CA SPA has dedicated a great deal of attention to the implementation of its Model 231, with particular regard to the improvement of the company procedures, staff training, and the execution of specific control programmes.
AR.PE.CA SPA has adopted its own Model 231, and keeps it constantly updated.
In keeping with good practice, the Supervisory Body consists of an external professional, in order to ensure transparency and impartiality, as well as to ensure the availability of specific expertise, so that the Body is able to effectively carry out its assigned tasks.
The Supervisory Body also serves as the Guarantor of the Code of Ethics, and is tasked with promoting its implementation and dissemination, as well as the knowledge of its contents. The Supervisory Body is also tasked with examining any alleged violations of the Code of Ethics, and taking the most appropriate investigative actions in that regard.