The Group Cafimar in order to implement fully the guidelines provided by the D. lgs. Pursuant to legislative decree 231/01 and protect all of the companies forming part of the Group from the administrative liability of legal persons, introduced in Italy by the D. lgs. Pursuant to legislative decree 231/01, it is equipped with an Organizational Model of management and control (hereinafter the “Model 231”) for the prevention of commission of crimes on the part of its employees, contractors and directors.
In order to facilitate the understanding of the use of the Model 231 adopted, which operating tool, provides below, give a brief description of what is foreseen by the legislation referred to and what it entails for a company to build a system of extenuating circumstances by the administrative liability of legal persons.

WHAT IS THE D. lgs. 231/01

The D. lgs. Legislative decree 231/2001 introduced for the first time in our legal system the principle of the administrative liability of legal persons for specific types of crime committed by directors and employees of the Companies. Today, it is also legal persons, such as companies, are subject to criminal liability for unlawful administrative employees from crime. The Decree provides, in fact, at the expense of the company, administrative liability, which is realized, however, through sanctions relevant to the survival of the company on the market, such as the application of a fine up to one million euros, the ban and the suspension of the activity, the prohibition of contracting with the Public Administration, the exclusion from the contributions, the prohibition of advertising, the confiscation of the revenues and the publication of the adverse decision. The Decree provides as the only chance of extenuating circumstances and the possibility for firms to adopt an Organizational Model that is capable of preventing the commission of offences; such a choice or eliminate the risk or, at any rate, reduces the severity relationships.

The main steps for the implementation of an effective “Model 231” and, then, to protect themselves against a criminal liability, administrative business, may be summarized as follows: the identification of the processes at the risk of the potential risks and the conditions for the commission of crimes in the interest or to the benefit of the entity, the definition of responsibilities and activities aimed at proper management of the activities, the construction of a map of the top figures, the construction and dissemination at all levels of an Ethical Code the definition and application of an appropriate sanctions regime, the establishment of a Supervisory Body (hereinafter “SB”), timely evaluation of business risks and actions to mitigate the risks of commission of the crimes to an acceptable level (the acceptability of the level of risk is realized, in fact, in the verification that the offence can only be achieved by bypassing in a fraudulent manner, the control system).

In order to achieve these requirements it was decided to draw up the Code of business Ethics which all Employees, Directors and other stakeholders are required to comply. The Code of Ethics, in addition to being posted on the notice boards of the company, is published in the following section together with the 231 Model, of which the Code of Ethics is an integral part, to the Regulation of the CC and to the list of top figures.