The X-231 Standard is the organisation, management, and control system based on the Organizational Model referred to in Art. 6 of Legislative Decree 231/2001
Legislative Decree 231/2001 has introduced the legal responsibility of companies for crimes committed in their interest and for the benefit of individuals in senior positions within them, who exercise (even de facto) the management or control of the companies and/or for crimes carried out by persons subject to their direction and supervision.
Field of application
Joint stock companies, Cooperative companies, Foundations, Economic Public Bodies, Recognized Associations.
When does it apply?
For crimes committed in their interest or for their advantage by persons with jobs of representation, administration, management, and control and by persons working under to them.
- Crimes against Public Administration;
- Corporate crimes;
- Crimes against the individual person;
- Crimes related to terrorism and subversion of the democratic order;
- Crimes of counterfeit currency, public credit notes, and stamp duties;
- Market abuse;
- Computer crimes and unlawful data processing;
- Non-compliance of safety at work regulations;
- Crimes against the environment;
- Employing people without a residence permit.
The penalties can be:
- Disqualification sanctions: suspension or revocation of authorisations and/or licenses, prohibition of negotiating with Public Administration, exclusion or revocation of permits, loans and/or contributions.
Structure of the Organisational Model
- The code of ethics;
- Atura Mapping of the crime risks (sensitive activities) deriving from company processes;
- The drafting of a complete system of functional procedures and power of attorneys with the indication of the assignment of the control tasks aimed at effectively preventing the possibility of committing offences;
- The staff training plan;
- Information reports on the functioning of the Organizational Model to be given to the Body responsible for overseeing the functioning of the Model;
- Disciplinary system suitable for sanctioning non-compliance with the measures indicated in the Model.
Pursuant to Legislative Decree 231/2001, the construction of the Organisational Model exempts the responsible party from administrative liability if it is able to prove:
- that the Responsible Party (“Body”) has adopted, and effectively implemented, the Organisational Model before the crime occurred;
- that the Responsible Party has entrusted the task of supervising the functioning of the Model, ensuring that it is updated, to an internal Body with autonomous powers of initiative and control.
The Organisational Model can be integrated easily and effectively with the Quality Management System – ISO 9001:2015.
Certification by AJA Europe is obtained through a timely documental verification of the Organisational Model of the Company by an AJA assessor and a legal expert and has as its object the compliance of the Organisational Model with the requirements of Legislative Decree 231/2001.