Legislative Decree No. 231 of 8 June 2001: Organisation, Management and Control Model, Charter of Principles, Disciplinary System, Whistleblowing

As is well known, Legislative Decree 231/01 introduced and regulates the liability of ‘entities’ (a concept that includes entities with legal personality, companies and associations, including those without legal personality) for administrative offences dependent on crime.

It provides for the direct liability of the body for the commission of certain offences by persons functionally linked to it and establishes the applicability to the latter of administrative sanctions (pecuniary, prohibitory, confiscation and publication of the sentence), which may have serious repercussions on the performance of the company’s business.

The provisions of Legislative Decree 231/01 exclude the liability of the Company in the event that it – before the offence is committed – has adopted, and effectively implemented, an Organisational, Management and Control Model and a Code of Ethics suitable for preventing the commission of offences of the kind committed. Compliance with these company regulations must be ensured by a Supervisory Board.

To this end, the Board of Directors of Nummus.Info has adopted – after analysing the relevant corporate risks pursuant to Legislative Decree 231/01 – its own Organisational, Management and Control Model (MOG) – including a Charter of Principles and Rules of Conduct with the relevant Disciplinary System – which complies, for employees, with the provisions of the CCNL – designed to prevent the relevant predicate offences in relation to the business activity carried out and to sanction any ascertained violations of the Organisational Model: company regulations and procedures binding for all persons, in various capacities, in professional relations with the Company, corporate bodies, managers, employees, external collaborators, suppliers and consultants.

Lastly, a specific procedure has also been introduced for the confidential reporting of unlawful conduct that is relevant and based on precise and concordant facts – or violations of the Organisation, Management and Control Model – of which the reporter has become aware by reason of the functions performed (so-called whistleblowing).

Finally, as provided for in Legislative Decree 231/01, Nummus.Info has set up a Supervisory Board with the functions of monitoring compliance with the aforementioned regulations and procedures.

The Supervisory Board can, and must, be addressed, in confidential form, exclusively:

• reports of any violations of the provisions, rules, principles and prohibitions of the Organisation, Management and Control Model, as well as of the related Charter of Principles;
• well-founded suspicions of commission of offences referred to in Legislative Decree 231/ 2001 – in the interest of the Company – by apical subjects and employees, as well as by any other subject, for various reasons, in business or professional relations with the Company;
• any proposals to adjust the Organisation, Management and Control Model where it no longer corresponds to the actual company reality;

“The adoption of the Organisation, Management and Control Model and the establishment of the Supervisory Board are part of the process of constant strengthening and attention reserved by Nummus.Info to internal controls aimed at achieving the highest standards of legal compliance in compliance with the regulations in force and industry best practices.”

Erica Cis
Operations Director
Nummus.Info