24 June

BANCARIO E INTERMEDIAZIONE FINANZIARIA

The members of the Board of Statutory Auditors are also responsible for Consob penalties in the event of the violation of financial intermediation provisions

24/06/2019

Administrative sanctions for violating the financial intermediation provisions also affect members of the Board of Statutory Auditors. The complexity of the organisational structure of the intermediary does not imply the exclusion or weakening of the power-duty of control attributable to each of the board members, who, in the event of an ascertained lack of corporate procedures on the provision of negotiation services, can be sanctioned as part of an omission quoad functione, since the responsibility falls on auditors both for the obligation of supervision to protect the interests of shareholders against acts of abuse in management by administrators and verification of the correct operation of the intermediary pursuant to the provisions of the Consob regulation that serves as a guarantee for investors, as well as for the obligation to immediately report violations as regard securities brokerage to the Banca d’Italia and Consob. See the Court of Cassation, Section III Civil, with Ordinance no. 4723 of 19/2/19.