Model 231 for companies:
legal assistance and compliance
Model 231 helps a company prevent offences, reduce risk and strengthen internal governance.
Qualified legal support is essential in order to build a genuinely effective system.
Book a consultation now
STUDIO PENALE BELLAVISTA
Legislative Decree 231/2001 introduced the administrative liability of entities for certain offences committed in their interest or to their advantage.
This means that, alongside the liability of the individual who committed the act, liability may also arise for the company, association or foundation involved.
For businesses, this issue is not only about formal compliance with the legislation, but about concrete protection of the organisation from economic, operational and reputational consequences.
The Organisation, Management and Control Model is in fact one of the key tools for preventing risk and building a more solid and compliant corporate system.
Do you recognise your company in any of these situations?
Your company has not yet adopted a Model 231.
You need to understand whether Model 231 is appropriate for your business.
You want to reduce the risk of liability for the entity.
You need to structure internal procedures, protocols and controls.
You need assistance with the Supervisory Body.
Your model already exists, but it is not up to date or is not actually applied.
In all these cases, targeted legal advice can help you set up or review your 231 system in a practical way, suited to your organisation.
What Model 231 is
Why Model 231 matters
The Model 231 is a structured set of internal procedures, protocols and controls designed to prevent the commission of the offences covered by the decree, to promote a corporate culture based on legality and transparency, and to define responsibilities, information flows and control systems.
It is therefore not a mere formal document, but an organisational tool that must be built on the actual reality of the entity and integrated into its business processes.
The adoption and effective implementation of a Model 231 is the main ground for exempting the entity from liability. In essence, the organisation can avoid liability if it proves that it adopted and applied a model capable of preventing offences of the same kind as the one that occurred.
This makes Model 231 an essential tool not only in compliance terms, but also strategically, because it helps a company to:
- Prevent legal risks
- Protect business continuity
- Improve internal governance
- Strengthen controls and accountability
- Protect its reputation and market standing
- You are worried that those publications may cause you to lose clients, or cause financial damage or personal problems
- You have already reported the content to the platform, but nothing has happened.
- You are unsure whether what you are experiencing is just a negative comment or actual actionable defamation.
What risks does the company run
The predicate offences include, among others:
• offences against the public administration;
• corporate offences;
• health and safety at work offences;
• environmental offences;
• cybercrime offences;
• money laundering and self-laundering.
The penalties provided for
financial penalties
disqualification measures
confiscation of the profit of the offence
publication of the judgment.
When a Model 231 is truly effective
To be genuinely useful, a Model 231 must be:
• suited to the structure and activity of the entity;
• updated periodically;
• actually applied in day-to-day business practice.
A standard, generic model, or one left only on paper, offers no real protection. What is needed is a system built on the reality of the business, able to work with the internal organisation, the decision-making processes and the actual risk areas.
The role of the Supervisory Body
A key element of the 231 system is the Supervisory Body, a body with autonomy, independence and professional expertise, tasked with overseeing the operation of and compliance with the model.
Its duties include checking the effectiveness of the prevention procedures, receiving and analysing reports, and proposing updates to the internal control system.
The Supervisory Body is essential because it turns Model 231 from a formal document into a genuinely operational tool.
How we can help you
- Preliminary risk analysis
- Support in preparing the Model 231
- Review and updating of existing models
- Definition of protocols, procedures and controls
- Support in relation to the Supervisory Body
- Assistance in managing critical issues and preventing risks
What to do now
• Check whether your company is exposed to material risks under Legislative Decree 231/2001.
• Assess whether your existing model is genuinely adequate and up to date.
• Review procedures, internal controls and information flows.
• Check that the Supervisory Body is operating correctly.
• Request legal advice to set up or review your 231 system effectively.
Acting before a problem arises is the most effective way to protect the entity.
Why choose Studio Penale Bellavista?