Business Compliance

• Criminal Liability of Business Company

 Cugia Cuomo & Associati boasts a deepened expertise in the assessment of criminal and administrative company liability profiles and in the drafting of best-practice internal procedures and standards in relation thereto (e.g. Legislative Decree 8 June 2001, No. 231). Particularly, the Firm’s expertise extends to the deployment of sector-specific best practice procedures in favour of telecom and energy operators.

The Legislative Decree No. 231, a quite innovative regulatory instrument for the Italian legal system, introduced the Administrative liability of legal entities, companies and associations, both private and public-owned, including those without legal status, with regard to certain offences committed by directors, representatives or employees in the interest or to the advantage of the body in question. Under the legislative framework at stake, for the first time it is not just the individual and actual perpetrator of the offence who is deemed liable, but also the companies and entities he belongs with.

The Legislative Decree, however, sets forth a sort of liability exemption for companies who are able to prove they have adopted and effectively implemented the appropriate organizational, management and control procedures in order to prevent offences (“Models”). Models usually consist of the following sections: Behavior Code, General and Depth Analysis and a Disciplinary Code.

Thanks to the material expertise accrued by the Firm‘s professionals, we are able to draft Models capable of minimizing the risk for companies to incur in administrative liability.

•  International compliance and regulatory department

The International compliance and regulatory department works with public institutions, and international development agencies, such as the World Bank, Luxembourg Communications Regulatory Authority, Italian Ministry of Communications, Italian Communications Regulatory Authority, International Finance Corporation, and the European Commission‘s Europe Aid and DG Development programs, providing advisory for the identification, management, implementation and evaluation of international cooperation and development projects.

The Firm has a wealth of experience in institutional strengthening, twining projects and capacity building initiatives and can develop these activities to support reforming public institutions.

In particular, the firm advises national, regional and local organizations, NGOs and municipalities, with the management of programmes to build and renovate public infrastructures, in addition to revising, updating and reviewing national legislation, as well as assessing and implement educational programs and training sessions.

The Firm advises clients on primary and secondary legislation alignments, having accrued significant expertise within the context of PHARE and TACIS EU alignment Programmes in favour of accessing European Union Member States.

Our team assists with the drafting, analysis, reform, set up and review of liberalization regulation alignment projects, public procurement set up and implementation procedures, privatization and equity dismissal procedures of public services and State owned joint stock companies, as well as with the reform of public services and the introduction of competition regulation in newly liberalized services.