Legislative Decree no. 231 of 8 June 2001 “Discipline of the administrative liability of legal persons, companies and associations even without a legal personality” introduced a new form of administrative liability for entities in the Italian legal system.
The Decree, in particular, provides that the Entities can be sanctioned if the crimes envisaged by the Decree are committed by top management and persons subject to the management or supervision of such persons (for example employees, lawyers, administrators, external collaborators, commercial partners) in the interest or for the benefit of the Entity itself.
Article 6 of the Decree provides the condition exempting the Entity from liability if the latter has adopted and effectively implemented an Organisation, Management and Control Model (Model 231) that is suitable for preventing the offenses envisaged by the Decree and has appointed a Supervisory Board, endowed with autonomous powers of initiative and control.
Gruppo Manifatture Italiane S.p.A. and the other companies subject to its management and coordination (River Group S.p.A., Calzaturificio Claudia S.p.A., Broma S.r.l.), in consideration of the above and in compliance with Article 6 of Legislative Decree 231/2001, have adopted, each with a resolution of the Board of Directors of 28/05/2021, their own Organisation, Management and Control Model and have appointed a Supervisory Body with autonomous powers of initiative and control, in charge of supervising its operation and compliance with Model 231 and to make sure it is constantly updated.
The companies of Gruppo Manifatture Italiane deemed it appropriate to adopt an organisation, management and control model since they are fully aware of the need to ensure they carry out their activities in a correct and transparent manner, in compliance with the policies adopted and pursued.
The objective is, therefore, to reduce the risk in terms of the probability an illegal act occurring, building a prevention system that cannot be circumvented, if not intentionally.