Legislative Decree n. 231/2001 provides for the administrative liability of legal persons and is applicable to all entities having legal personality and to associations, including those without legal personality.
Legislative Decree n. 231 provides for significant penalties, both interdictory (such as the disqualification from carrying out the business activity and the revocation or suspension of authorisations and licences or the prohibition to bid to work with the public administration or to advertise products and services) and financial (up to 1.5 million Euro, in the most serious scenarios), in case directors, executives and employees commit one of the offences specified, in favour of or for the benefit of the Entity.
The criminal judicial authority is in charge of investigating and prosecuting violations of Legislative Decree 231. Tax offences and, fraudulent income tax return preparation through the use of invoices for non-existent operations and VAT frauds, will soon give rise to administrative liability.
An Entity may not be held liable if:
• It has adopted and effectively implemented an Organisation, Management and Control Model (231 Model) apt to prevent the criminal offences above;
• It has set up a Supervisory Board in charge of overseeing the implementation of the Model.
Thanks to our team of professionals with multi-disciplinary skills, having the legal (civil and criminal law), tax and administrative, organisational and IT expertise, our service offer is based on the best practices in the market and can effectively address all aspects related to the development and management of 231 Models.