Mission

NMA (Network Modelli Aziendali) is a professional network consisting of professionals with different skills that aims to provide consultancy and assistance for companies in relation to everything connected with business organization.

The key concepts of business today are organization, strategy, professionalism and prevention.

In fact, thanks to the network, strategy and professionalism, risks of harmful events for companies and for their various human resources can be prevented at the same time as taking advantage of a profitable organization.

Despite all this, corporate compliance strategies are still not very well known and implemented in Italy, often being seen by companies as a useless cost rather than a benefit.

In actual fact, compliance with formal procedures and rules is extremely advantageous for companies, not only because it can protect them from possible forms of liability and from the resulting imposition of considerable fines, but also because better organization facilitates business, thus making it more profitable.

Compliance with quality standards by companies and therefore the adoption of organizational models also represents a true economic advantage thanks to the possible recognition of the legality rating. The latter represents a brief indicator of compliance with high legality standards and more generally of the degree of attention to their business by companies who have applied for this rating to the Anti-trust Authority.

All companies who gain a legality rating can make use of a series of advantages. In the first place, the positive effects on the company’s reputation, hence leading to benefits of preference and motivated market choice. In the second place, the attribution of the legality rating makes it easier to obtain funding from the public administrations in compliance with art. 7, paragraph 1 of Italian Legislative Decree 123/1998. The third advantage comes from the fact that the banks consider the rating attributed to the company in their evaluation process for granting loans, where the attribution of the rating is evaluated in order to reduce times and costs and, under certain circumstances, to determine the economic conditions of the loan.

There are many models that companies (regardless of their legal personality and size) must and can adopt. In fact, some are compulsory whereas others are optional but contribute to achieving the benefits highlighted above.

On that point, by way of non-limiting example, it is important to remember that Legislative Decree 231 has been in force in Italy since 2001 which contemplates the liability of all entities (even those without a legal personality) for crimes committed in their interest by persons that represent it or by employees. In the event of confirmed liability the company may be subject to considerable sanctions including large fines, confiscation, prohibition to perform certain activities, suspension or revocation of authorizations, prohibition to sign contracts with the public administration and so on.

The only tool available to the company, in order to be free from liability, is the drafting of a suitable organizational model which, as highlighted above, has been shown to be useful also for better work organization and for more effective monitoring of the actions of its employees. In fact, the model represents a set of rules and protocols which, although not compulsory, if drawn up for preventive purposes, allows the company to prevent or reduce the legal consequences of any of the criminal offences covered by Legislative Decree 231/2001. These include injury or death of an employee in the work place, unlawful disposal of production waste, unlawful processing of personal data, money laundering, corruption, bribery.

INAIL (National Institute for Insurance against Accidents at Work) also provides non-reimbursable funding every year for the adaptation of companies to the requirements of Legislative Decree 231/2001.

Another significant development is the (compulsory) requirement which companies (but also professionals) have been called upon to fulfil for the adaptation of their internal procedures to EU Regulation 679/2016 on data protection (the so-called GDPR), which came into force on 25 May 2018.

Therefore, professionals and companies have new requirements and obligations whereby they need to adapt quickly to the new provisions. Failure to do so can result in administrative fines of up to € 20,000,000 or for companies up to 4% of their total annual turnover for the previous year, if this figure is greater.

In parallel to the mentioned legislation, modern corporate organization requires compliance, according to the fields of activity, with further legislative provisions such as: Legislative Decree No. 81 of 9 April 2008 (risk assessment of accidents at work); Law No. 190 of 6 November 2012 (adoption of measures for the prevention of corruption); Legislative Decree No. 90 of 25/05/2017, Official Gazette 19/06/2017 (new anti-money laundering legislation); adaptation to quality systems (ISO 9001); general risk assessment and so on.