Contributed By CMS Adonnino Ascoli & Cavasola Scamoni
Directors may also incur criminal and administrative liability.
Specifically, administrative fines may be imposed on directors for several omissions, including, for instance:
In addition, directors may also be considered personally criminally liable for specific offences, eg, false company communications, corruption, unlawful transactions on quotas, unlawful distribution of profits and reserves, fraudulent bankruptcy, death or personal injury in lack of adoption of measures to protect safety at workplace, unlawful treatment of data or environmental pollution.
Criminal liability is assessed on a case-by-case basis by the Public Prosecutor, who relies on the company’s excerpts, organisational chart, board of directors’ minutes, legal documents and actual conduct of the parties involved.