In implementation of Directive (EU) 2019/1937, Legislative Decree No. 24 of 10 March 2023 was issued on “the protection of persons who report breaches of Union law and setting out provisions for the protection of persons who report breaches of national rules” (hereinafter “Whistleblowing Legislation”).
In compliance with the Whistleblowing Legislation, Banor Sim S.p.A. (hereinafter the “Company”) has put in place specific internal reporting channels and has adopted a Procedure for the handling of whistleblowing reports (hereinafter the “Whistleblowing Procedure”).
Banor ensures the confidentiality of the information received and uses suitable verification methods to protect the Whistleblower and the identity and respectability of the persons reported.
Anyone who wishes to make a report may do so through the following internal reporting channels provided by the Company:
- Whistleblowing IT platform (hereinafter the “Platform”): a dedicated IT system available at this link “Send a report”;
- spoken report: to be submitted through the voice messaging system available on the Platform;
- face-to-face meeting: at the request of the reporting party submitted via the Platform. The recipient shall arrange a face-to-face meeting within a reasonable period of time;
- in paper form via ordinary post marked “Confidential” and addressed to:
Supervisory Board of Banor SIM S.p.A.
Via Dante 15 – 20123 Milan
External channels and public disclosure
Breaches and offences pursuant to the Whistleblowing Legislation may also be communicated using other methods, different from the internal channels provided by the Company, but only where certain conditions are met.
- Anac
The reporting person may file a report with the Italian national anti-corruption authority (ANAC) in the following cases:
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- the internal reporting channel is not active or does not comply with legal provisions;
- an internal report has already been filed and was not followed up;
- the reporting person has reasonable grounds to believe that, if he/she were to report internally, it would not be effectively followed up or could lead to the risk of retaliation;
- the reporting person has reasonable grounds to believe that the breach may constitute an imminent or manifest danger to the public interest.
- Competent supervisory authorities of the brokerage company
Bank of Italy and CONSOB, according to the methods outlined on their respective websites, where reports refer to alleged breaches of or offences in relation to the TUF (Consolidated Law on Finance) as well as deeds of the European Union that are directly applicable to these matters.
- Public disclosure
The reporting person may carry out the report through public disclosure, i.e. the press, electronic means or means of dissemination capable of reaching a large number of people. The reporting person who makes a public disclosure shall qualify for protection under the Whistleblowing Legislation where any of the following conditions is fulfilled:- the reporting person has previously made an internal and external report or has directly carried out an external report under the conditions and using the methods envisaged by the Whistleblowing Legislation, and no feedback was provided within the established timeframe regarding the measures envisaged or adopted to follow up on reports;
- the reporting person has reasonable grounds to believe that the breach may constitute an imminent or manifest danger to the public interest;
- the reporting person has reasonable grounds to believe that the external report could lead to the risk of retaliation or may not be effectively followed up in light of the specific circumstances of the case, such as those where evidence could be concealed or destroyed or where there are reasonable concerns that the person who received the report could be in collusion with the perpetrator of the breach or involved in the breach.