WHY AGAIN
November 15, 2018DDL vs RSPP
November 19, 2018
But what is the “231” for? What must the Supervisory Body do?
Are they other pains in the ass?
Given that what is regulated in the Organization and Management Model (MOG) that the organization itself draws up is useful for preventing the commission of predicate crimes by the organization (company), foreseen in the "catalogue of crimes", they are not always clear the responsibilities and what are the tasks of the Supervisory Body, with reference to Legislative Decree 231/01, necessary to protect the entity.
So let's see if we can provide some clarity, albeit in summary points:
1_ The Model is a dress that is tailor-made by the organization for the organization;
2_ The Model must go through a mapping of the risks relating to the underlying crimes that the entity can commit;
3_ The protocols contained therein must refer both to the identified risks and to the residual risks and are useful for their management and containment;
4_ The Supervisory Body receives the model written by the entity and verifies (monitors) that what the entity itself has identified complies with the identified protocols;
5_ The Supervisory Body must report and suggest any deviations or irregularities to the Board of Directors;
6_ The Supervisory Body, for the reasons set out above, must be independent and must be able to carry out the activities requested of it.
In the event that something doesn't work properly, the results can be extremely damaging for everyone involved.
However, if everyone scrupulously follows the provisions of the reference guidelines and approved by the Ministry, the entity can demonstrate that it has itself under control or has in any case identified a line of protocols necessary to prevent the commission of the crimes envisaged in its own interest and advantage.
The Model is not mandatory but an entity that is careful to look after its own interests and continuity expects both to have it and that it is effectively applied.
A recent orientation of which the link is attached, with reference to the SB and the tasks required of it, can help to make some reasoning on the merits.
