TOTO Holding S.p.A. executes its management and control of the Company through a sound and transparent way in fulfilment of national and international legal provisions, particularly in compliance with:
- the requisites of Legislative Decree 231/2001 containing the “Discipline of the administrative liability of legal persons”.
- the principles of Law 190/2012 containing “Provisions for the prevention and punishment of corruption and illegality in public administration”.
The Decree no. 231 provides for the “administrative” (criminally relevant) responsibility of legal persons, deriving from the commission or attempted commission of certain types of criminal offences in the interest or for the benefit of the companies themselves. Such a responsibility is in addition to the criminal liability of the individual who has committed the criminal offence.
The Law 190 provides for the adoption of measures, instruments, and models so that the Company may abide by the ethical standards and act in full observance of the norms regarding the prevention of corruption in all its forms, both direct and indirect, and the integrity, transparency, and correctness of the Company’s corporate actions.
The two laws converge on sensitive issues regarding the controls to enact on corruption offences, hence the corporate need to consolidate both the 231 decree matters and Anti-corruption profiles within a single Model: an unambiguous tool with which the Company ratifies its alignment with the aforementioned principles.
The Model identifies the relevant processes, the responsibilities and the control principles related to specific kind of criminal offences identifies by these two laws. Therefore, the Model represents the document on which an effective Company Management and Control System is based and developed.
It is assigned to the Supervisory Committee the duty of monitor the observation and the level of application of the Model in order to verify its ongoing efficacy.