The supervisory body (“organismo di vigilanza”) under Legislative Decree No. 231/2001 - Substantive requirements

The paper deals with Article 6, paragraph 1 letter b) of Legislative Decree no. 231/2001, that sets forth a condition for corporate entities to be exempted from liability in cases in which a predicate offence is committed in their interest or to their advantage: the “task of supervising the functioning and the observance of the models and taking care of their updating […] has been entrusted to an organ of the entity with autonomous powers of initiative and control” (“organismo di vigilanza”) .