For the first time since Legislative Decree No. 231 of 2001 (“Decree 231”) entered into force the Italian Supreme Court expressed its view on the issue of Decree 231’s applicability to companies that do not have offices in Italy.

What are the principles of law established by the Supreme Court?

How does the nationality and place of a company’s offices affect its liability under Decree 231?

Furthermore, it is interesting to think about the criteria according to what a foreign holding company can be found liable under Decree 231 for crimes involving Italian subsidiaries.

Our Corporate Governance Focus Team analyzes the Supreme Court’s decision in the document available here.