MailUp Group Obtains A Legality Rating ✭✭++
We are proud to announce the achievement of an important result for MailUp S.p.A: the AGCM (the Italian Competition and Market Authority) granted a legality rating with a score of ✭✭++, just one step away from the maximum score of 3 stars.
The company is therefore registered in the public list of companies with a legality rating held by the AGCM.
The legality rating is a synthetic indicator of a company’s compliance with high standards of legality and thorough attention paid to lawful business management.
The purpose of the rating is to reward companies that comply with the law, are transparent and operate according to sound ethical principles, allowing access to specific advantages and benefits regarding reputation, granting of loans by Public Administrations and access to credit.
But let’s find out more about the legality rating and why it represents an important recognition of the way MailUp S.p.A. operates.
About The Legality Rating
The legality rating was activated in January 2013 by the AGCM with the aim of rewarding companies that respect the law, are transparent and operate according to sound ethical principles.
The number of Italian companies in possession of the legality rating is constantly increasing: to date there are over 7,500.
The increasing importance that this indicator is also demonstrated by the introduction of the rating in the Procurement Code, as a reward criterion that recognises an additional score (as of May 2016) and also by the inclusion (as of November 2017) of the rating within of the company chamber of commerce surveys, in the section “activities – registers, roles and licenses”.
The rating can be requested by companies that cumulatively satisfy two of the following requirements: turnover of at least €2 million, operational headquarters in Italy and/or registration in the business register for at least two years.
The request to obtain the rating takes place on a voluntary basis.
Benefits Of The Legality Rating
The legality rating is a certification that allows the company that owns it to obtain a series of advantages relating to the following spheres.
The company is included in a public list on the AGCM website and the rating is also automatically entered in the chamber of commerce registration.
The company can also advertise the obtainment of the rating to enhance its business opportunities, transparency in external relations and on the market, as well as its corporate image with stakeholders.
Granting Of Loans By Public Administrations
The Decree provides for various reward systems that can lead the company that has a legality rating to:
- A preference in the ranking
- Get an additional score
- Benefit from a reserve of a portion of the allocated financial resources.
The company in possession of the legality rating can obtain benefits in relation to:
- Reduction of the time and costs of the investigation
- Determination of economic conditions of disbursement (such as lower interest rates)
In addition, credit institutions that fail to take into account the rating assigned when granting loans to businesses are required to send the Bank of Italy a detailed report on the reasons for the decision taken.
The legality rating provides for 3 levels of membership, scoring from one to three stars, based on the level of compliance with the requirements which are partly regulatory and partly non-regulatory.
The basic score of one star is assigned if the company complies with all the requirements of art. 2 of the Regulation. After that, the score can be increased with a “+” for any additional requirement met by the company, among those provided for by art. 3 of the Regulation.
Upon achieving three “+”, the company is awarded an additional star, until a maximum of three stars.
To obtain the “basic” rating (one star) the following self-certified minimum requirements must be met:
- The absence of personal or patrimonial prevention measures, of personal or patrimonial precautionary measures for directors and shareholders
- The absence of conviction and application of precautionary measures for 231 offenses
- The absence of convictions by the Authority and the European Commission for antitrust offenses
- The absence of provisions for non-compliance with the laws on the protection of health and safety in the workplace and for violations in terms of pay, contributions, insurance and tax
Possession of the following additional reward requirements provided for by art. 3 of the Regulations allowed the company to obtain the final score of ✭✭++:
- Adoption of a system of traceability of payments
- Possession of an effective control body pursuant to Legislative Decree 231/2001 or the adoption of an organizational model
- Registration in the lists of suppliers, so-called white list, or not to operate in one of the sectors at greatest risk of mafia infiltration
- Adherence to codes of ethics and self-regulation of the category
- Adoption of models to prevent and fight corruption or the application of the Organizational Model to crimes against the Public Administration
Mission: Three Stars
Although extremely satisfied with the recognition obtained, the path doesn’t stop here. In fact, within the current year, we expect to be able to submit the request for an increase in the score, integrating the additional reward requirement of the adoption of a Corporate Social Responsibility system and thus obtaining the third star and therefore the maximum score.
Article by Gaia Menoni
Legal Specialist, MailUp Group