The adoption of organisational models in accordance with Legislative Decree 231/01 has become a necessity for companies wishing to prevent administrative liability arising from offences committed in their interest. The legislative decree introduced an ad hoc ‘criminal liability’ regime for legal persons, making the implementation of appropriate management and control systems essential.

What are organisational models?

Organisational models are internal tools that companies can adopt to prevent the commission of offences. According to Legislative Decree 231/01, a company can be exempted from administrative liability if it proves that it has adopted and effectively implemented a suitable model. These models must be specifically adapted to the characteristics and risks of the company.

Why they are so important

Here are some reasons why the adoption of a suitable organisational model is essential: Prevention of liability: an effective organisational model can exonerate the entity from liability in the event of offences, provided that it has been adopted and implemented correctly.
Improved compliance: the adoption of such models helps companies to comply with applicable regulations, enhancing their reputation and trust among customers and stakeholders.
Risk management: by analysing risks and implementing appropriate controls, companies can reduce the likelihood of wrongdoing.

How to develop an organisational model

To develop an effective organisational model, a few key steps must be followed:

• Risk analysis: assess the specific risks associated with the company’s activities and identify critical areas.
• Definition of procedures: create clear and detailed protocols to prevent unlawful behaviour, ensuring that they are easily understood and accessible to all employees.
• Staff training: ensure that all employees are informed of the company’s procedures and ethical principles through regular training courses.
• Establishment of a supervisory body (SB) responsible for overseeing the application of the model and its effectiveness.
• Monitoring and updating: implement a continuous monitoring system and update the model according to new regulations or organisational changes.

How we can help you

CB Partners offers comprehensive support in the development and implementation of organisational models, helping companies to Customise the model: create a model tailored to the company’s specific needs and risks.
Training and awareness-raising: provide training courses for staff on issues related to administrative responsibility and compliance.
Verification and audit: perform periodic audits to ensure the effectiveness of the model and make any improvements.

Turn to CB Partners for your organisational model!

Adopting an organisational model is not only a matter of compliance, but also a proactive strategy to protect the company from legal and reputational risks. With the support of CB Partners, companies can face this challenge with greater confidence and preparedness. Contact us to find out how we can assist you in the creation of an effective organisational model that complies with Legislative Decree No. 231/2001. 231/01.