Miriade Spa has adopted an organisation, management and control model (the “Model”) as provided for by Legislative Decree 8 June 2001, n. 231, in particular by articles 6 and 7 (the “Decree”).
This Decree introduced the administrative liability of legal persons, companies and associations even without legal personality. Pursuant to art. 5 of the Decree, the company is liable for crimes committed in its interest or to its advantage:
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by persons who hold representative, administrative or management roles in the entity or in one of its organizational units with financial and functional autonomy, as well as by persons who exercise, even de facto, the management and control of the same;
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by persons subject to the direction or supervision of one of the entities referred to in point 1.
Therefore, Miriade, in order to avoid any liability and to better ensure compliance with the aforementioned legislation, has long established a Supervisory Body with autonomous powers of initiative and control, responsible for monitoring the functioning and compliance with the Model and ensuring that it is suitable for preventing the commission of the so-called predicate crimes.
This Supervisory Body, based on the documentation acquired and the information received, in compliance with the requirements and tasks set out in Article 6 of the Decree, verifies
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the adequacy of the organisation and management model;
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the adequacy of interventions aimed at eliminating the so-called "non-conformities"; through the so-called corrective actions and preventive actions;
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the consistency and effectiveness of the delegations issued by the company;
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the data collected in the “audit” reports and in the company registers with particular regard to the progress of the balance sheets and the auditing of the accounts;
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compliance with legal requirements and company procedures by company personnel.
Furthermore, in compliance with the provisions of the aforementioned Article 6 of the Decree, the Supervisory Body has the task of:
i) monitor compliance with the Model, as well as compliance with the requirements and information flows by senior management;
ii) monitor the effectiveness and adequacy of the Model, in relation to the corporate structure and the actual capacity to prevent the commission of the crimes referred to in the Decree;
iii) identify and propose to the Board of Directors additions, updates and/or modifications to the Model, in relation to changes in applicable legislation, changes in company operations and internal organizational structures, or the new need to develop more effective preventive procedures within the company.
DESCRIPTION WHISTLEBLOWING
The channel allows, while guaranteeing the confidentiality of the identity of the whistleblower in the most absolute manner, the individuals who hold representative, administrative or management roles in the entity, their subordinates and also the customers of the various sales outlets, to present, in order to protect the integrity of the entity:
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detailed reports of unlawful conduct, relevant pursuant to Legislative Decree 231/2001 and based on precise and consistent factual elements;
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violations of the organizational and management model.
The link below allows you to send reports of illicit activities and/or violations of the organizational model in anonymous format.
Read the privacy policy complete.