News
Auditors of a Company acting in concert to commit the crime of bankruptcy
- 05/12/2018
Article 2403 of the Civil Code provides that the Board of Statutory Auditors oversees the compliance with the principles of proper administration and in particular the adequacy of the organizational, administrative and accounting structure adopted by the company. This rule requires the Auditor to oversee the observance by the directors of the law and the bylaws, as well as the preservation of the company assets with respect to the distraction or dissipative behavior of the management body.
The Court of Cassation, with sentence no. 44107 of 4 October 2018 outlines the scope of application of art. 40 of the Criminal Code, with particular reference to the liability for omission of company auditors in the crime of bankruptcy: the responsibility for omissive conduct presupposes the causal link between omission and event, the conscience and the will of the consequences of the omission and the existence of the subject, of an obligation of activation, foreseen by the law, for the specific purpose of preventing the event.
NEWS
- 14/03/2024
The Court of Cassation, in its Order No. 34889 of 13.12.2023, ruled that banking or financing contracts that refer to a manipulated Euribor rate through a restrictive agreement by credit instituti...
- 12/03/2024
The Court of Cassation, in its judgment of 26 February 2024, no. 5068, ruled that "The transfer of a professional athlete from one sports club to another, in return for payment and before the natur...
Telephone services: 28-day billing unlawful according to the Court of Cassation
29/02/2024The Court of Cassation, Sec. III, in its judgment of 15.2.2024, no. 4182, ruled that "It is a misleading practice and therefore prohibited for a telephone operator to establish a payment frequency ...
