231 Organizational Model Consulting

The 231 Organizational Model is a set of rules and procedures designed to guide the planning and implementation of corporate decisions, in order to prevent the commission of crimes by managers (executives) and/or employees (subordinates), and thus exempt the entity from the liabilities and sanctions provided by Legislative Decree 231, in cases where an offense has been committed in the interest or to the advantage of the entity itself. This framework is developed through various phases, including: risk mapping and assessment (risk assessment and gap analysis), drafting of the Organizational Model (General Part and Special Part), creation of preventive measures, adoption of a Code of Ethics, and establishment of a Supervisory Body.

If you are looking for an expert to implement the 231 Organizational Model in your company, you are in the right place. With a personalized approach and in-depth knowledge of the regulation, we will help you create an effective and compliant system. Don’t leave anything to chance — contact us today for a tailored consultation!

This phase involves mapping company processes and assessing the risk of offenses, comparing them with existing safeguards. This results in the residual risk. The activity includes document collection, interviews, and the use of software, completed by the creation of an Action Plan for prevention.

Based on the risk analysis, the Organization, Management, and Control Model ("MOG") is drafted. The General Part describes governance, applicable regulations, and the functioning of the Model. The Special Part details the applicable predicate offenses and possible unlawful conduct identified during the risk assessment.

Based on the provisions of the Special Part, safeguards are created to prevent offenses: codes of conduct, preventive protocols, procedures for specific processes, with authorization, verification, and monitoring of risk activities. With years of experience, we design customized procedures for clients.

The Code of Ethics is a separate document from the Model but forms an integral part of it. It formalizes principles such as fairness, loyalty, integrity, transparency, and moral and professional commitment. These core values guide corporate relations and activities, both internally and externally.

To adopt the Model, a resolution of the administrative body is required, approving and adopting the 231 Model and related documents (Code of Ethics, protocols, and procedures). Usually, the same resolution also establishes the Supervisory Body. In all these formal steps, it is important to have the support of an expert consultant, such as Lexant.

For the 231 Model to be considered adequate and effective, the company must establish a Supervisory Body, tasked with monitoring the actual implementation of the Model and its periodic updates. The Supervisory Body, either monocratic or collegial, may include internal or external members. Among its professionals, Lexant has experts qualified to act as Supervisory Body and can assist companies in selecting the best candidates.

Training and information for all parties involved in corporate processes (directors, employees, collaborators and third parties, supervisory bodies, stakeholders in general) are essential to ensure the effectiveness of the 231 Model. Training activities aim to spread knowledge of prevention policies and adopted procedures, as well as the applicable legal framework. Through partnerships with qualified training centers, Lexant offers complete training packages, available both in-house and remotely.

The 231 Model requires periodic updates to maintain its effectiveness, both in case of regulatory changes (e.g., introduction of new offenses) and in case of significant organizational or corporate changes (e.g., changes in governance structure or extraordinary operations). Lexant also provides consultancy for the periodic updating of Models and procedures.

The proper functioning of a 231 Model requires crucial administrative activities such as managing information flows, reporting, meeting minutes, document retention, as well as handling whistleblowing channels and reports of misconduct. All these activities may involve the use of IT tools, specific professional expertise, or specialized skills. Lexant supports companies in all these tasks, ensuring comprehensive consultancy.