The Corporate Compliance practice group of OfficineLegali provides to its Clients a considerable expertise in the field of the administrative liability of corporations and legal entities pursuant to the Italian Legislative Decree no. 231 of 2001 (‘Decree 231’). We provide legal assistance in connection with all matters relating to the drafting, adoption and implementation of the Organizational, Management and Control Models (‘Models’) required by Decree 231.
We provide legal assistance both in the risk assessment stage, aimed at analyzing and possibly revising the internal control system and related protocols (i.e., company procedures, proxies, corporate governance, powers and responsibilities), and in the subsequent stage of drafting and approving the documents relating to the Model, including the related Summary, the Code of Ethics and the Disciplinary System.
We also assist Clients in the implementation of the Model, providing our support as to the Information and Training activities relating to the Model. With reference to the Information activities, we support Clients in creating a specific section within the company website and intranet devoted to the Model, in which all the documents connected with the Model (e.g. Ethic Code, Disciplinary System, relevant Procedures etc.) are published. With respect to Training programs, we train the company personnel both online and in class with the participation of one of our expert lawyers as teacher. In both cases we provide training materials and test questionnaires in Italian or English for non-Italian personnel.
We have considerable experience in supporting the company Supervisory Body (the so-called ‘Organismo di Vigilanza’ or ‘OdV’) appointed pursuant to the Decree 231, in order to assure the effective and efficient performance of the tasks assigned to it by the Model. In this regard, we assist the OdV in drafting the Monitoring Plan and the Communication and Training Plan, in performing its audit activities, in evaluating the reports received and in drafting the minutes of its meetings.
Our deep experience on corporate compliance matters also includes representation of Clients in proceedings before the Italian criminal courts for the administrative liability of legal entities pursuant to Decree 231