Practices — Compliance

Criminal Liability of Legal Entities

The 231 Decree states that legal entities may be held liable – and therefore sanctioned – in relation to certain crimes which are committed or attempted by their directors, employees and/or representatives in Italy or abroad in the interests of or benefit of the Company.

ELLED Law Firm helps the clients that may – or must in case of listed companies – adopt an “Organizational Model 231” which provides specific protocols aimed at preventing the crimes.

In the event of a commission of a crime, if a company can prove that an appropriate “Organizational Model 231” was previously adopted and effectively implemented to prevent that specific crime, the company shall not be considered liable.

Some of our professionals sit on the compliance Supervisory Bodies of large Italian groups (OdV) and have participated in extraordinary compliance activities related to their restructuring processes.