Legislative Decree No. 231
Legislative Decree No. 231 of June 8, 2001 (L.D. 231/2001) introduced a significant novelty in the Italian legal system, providing a form of liability, defined as administrative, but comparable to criminal liability, for legal persons, companies or associations, including those without legal personality, for certain offences committed in the interest or to the advantage of the Entity, by individuals in senior positions or by those who are subject to the direction or supervision of the latter.
This liability is independent of the criminal liability of the individual who committed the crime and is therefore in addition to it.
The administrative liability of the Company is excluded if the Company has adopted and effectively implemented, prior to the commission of the crimes, suitable organisation and management models to prevent the crimes.
i COM S.p.A. has adopted an Organisation, Management and Control Model (Model 231), with a determination by the Sole Director, which formalises, in a nutshell, the set of measures aimed at preventing the crimes provided for in Legislative Decree 231/2001, within the scope of the activities identified as sensitive to the potential risk of the commission of an offence referred to in that decree.
The Company has also established a Supervisory Board, appointed by the Sole Director and endowed with autonomous supervisory and control powers, with the task of overseeing the operation of and compliance with the Model.
The principles and rules expressed in Model 231 are consistent with those set forth in the same Code of Ethics of i COM S.p.A., adopted by the Company itself.
The Code of Ethics expresses, among other things, lines and principles of conduct aimed at preventing the crimes set forth in Legislative Decree 231/01 and expressly recalls Model 231 as a useful tool for operating in compliance with regulations. The Code of Ethics should therefore be considered as an integral part of this Model 231 and a fundamental tool for achieving the Model's objectives.