Model 231 and Code of Ethics

Forming part of a national legislative context that seeks to fulfil international obligations, Legislative Decree no. 231/2001 of 8 June 2001 entitled “Regulations regarding the administrative liability of legal entities, companies and associations, also without legal liability”, which came into effect on 4 July of the same year, introduced to the Italian legal arena a system of “administrative liability verified in criminal proceedings” regarding legal entities, companies and associations also without legal liability (in general “entities”) for a number of offences committed by directors, executives, employees or external collaborators in the interest or for the benefit of the entity.
 

 

The original text, referring to a series of offences committed against public administration, was integrated with subsequent legislative provisions (in particular with regard to corporate offences and, lastly, offences regarding safety in the workplace) that increased the number of criminal cases for which the committee holds administrative responsibility for the company.
In order to guarantee the conditions of integrity and transparency requested by the Decree, with the resolution of the Board of Directors of 31 July 2009, Softec S.p.A. adopted a “Model of organisation, management and control”, updated in consideration of the most recent amendments and integrations to the Decree after it came into effect.
This organisation model lays down regulations (Principles of Conduct) and establishes procedures (Protocols) that must be respected by all company staff and other subjects with whom the company interacts (customers, suppliers, collaborators, partners etc.) in order to prevent the offences contemplated by the Decree from being committed.
In the same meeting, the Board also decided to implement the “Code of Ethics”, introduced to describe the ethical principles and conduct adopted by Softec, on which it intends to base its activities and the pursuit of its social objectives with respect for the laws in force. The company therefore requires that the principles expressed in the Code of Ethics be observed by company bodies, its employees and all those that contribute in any way to the pursuit of company goals.

 

 

As the Code of Ethics also includes principles of conduct suitable for preventing unlawful behaviour as per Leg. Decree 231/2001, it is also highly relevant as regards the Organisational Model.

  • Organisms
    Pursuant to Leg. Decree 231/2001, the Organisational Model and the Code of Ethics, the Softec s.p.A. Board of Directors has created the following organisms:
  • Supervision and Control Organism (OVC). Independent organism entrusted with the task of monitoring the functioning and observance of the Organisational Model, as well as updating it.
    For questions or communications for the OVC write to:  ovc@softecspa.it
  • Committee for the Application of the Code of Ethics (COACE). Internal organism responsible for interpretation, consultation, applications and decisions regarding the ethical principles, also with regard to violations of same.
    For questions or communications for the COACE write to: coace@softecspa.it