DLP Insights

231/01: supervisory authority is better if collegial

Catégories: DLP Insights, Legislation

22 Mar 2010
In the opinion of the Supervisory Authorities Members Association (Associazione dei componenti degli Organismi di Vigilanza – AODV), the Supervisory Authority (set forth under the Legislative Decree 231/01 regulating the administrative liability of the companies) should be set up as a collegial board, consisting of representatives with specific reputation requirements and open to the participation of internal professional figures. With reference to the possible attendance of external consultants to the boards, AODV defines their contribution as significant only in presence of consultants with a strong professional experience in compliance matters, internal supervisory and related legal backgrounds since the sole membership to a professional association (which, generally speaking, should witness the professional background of its members) not material in such a case. Moreover, AODV identifies as ideal members of Supervisory Authorities Heads of legal departments as well as the employees of human resources departments, stating also  that the organizational model  should introduce the possibility to revoke a member of the Supervisory Authority as well as the entire board. Finally, AODV  points out that the Supervisory Authority should be granted with financial indepenence and real supervisory and inspecting powers.

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