Legislative Decree 231/2001 in FIS
 

FIS is committed to direct its activities and the entire company organization towards conducts that are constantly based on legality, honesty, integrity, correctness, transparency and good faith. 

In order to achieve these purposes and to preserve the interests of its own clients and employees, FIS has decided to adopt - according to Legislative Decree 231/2001 - an organizational and management model (Modello Organizzativo e di Gestione - “MOG”), appointing at the same time a supervisory body (Organismo di Vigilanza - “ODV”) with the task of verifying the effectiveness and the efficiency of the MOG, and with the additional purpose of suggesting the necessary upgrades. 

The adoption of a MOG and the appointment an ODV are not mandatory, indeed not all the companies proceed in that way because they deem to be substantially compliant with the existing legislation and because they consider that there is a low risk of commission of relevant crimes, according to Legislative Decree 231/2001. 

Nevertheless, FIS has preferred and considered appropriate to adopt a MOG and to constitute an ODV, in order to prevent - or, at least, to reduce - the risk of commission of relevant crimes according to Legislative Decree 231/2001 and, as a consequence, the conviction for relevant crimes according to that legislation.
 

Substantially, the Legislative Decree 231/2001 provides the possibility for the judicial system to impose to the company financial sanctions and/or disqualifications (from the suspension or revocation of concessions and licenses, the exclusion or revocation of funds and contributions, up to the administration of an external commissioner and the shut-down of the company) if one or more employees or managers (directors, general managers and liquidators) of the company commit one or more of the crimes provided by the Legislative Decree 231/2001 in the interest or for the benefit of the company itself.
 

Eventually, the Legislative Decree 231/2001 provide the exemption from administrative liability of the company if this latter has adopted effective “organizational and managerial models” apt to prevent criminal acts of the kind of those perpetrated in the specific case.  
 

In particular, the MOG aims to:

• determine, in those who operate in the name and on behalf of FIS in “sensitive” activities on the basis of Legislative Decree 231/2001, the awareness of being able to incur, in the event of violation of the provisions of the law, in an offence punishable by sanctions against themselves and against the company (if the latter has taken advantage of the commission of the crime or, in any case, if the latter was committed in its interest);
• reaffirm that illegal conduct is condemned by FIS as contrary to the provisions of the law and the principles that FIS intends to abide by in the performance of its corporate mission;
• set out these principles and explain the Organisation, Management and Control Model in use;
• allow internal monitoring and control actions, aimed in particular to the company areas most exposed to Legislative Decree 231/2001, to prevent and counteract the commission of the crimes themselves.