Francesco Falco and Chiara Arcidiacono
To analyze the Italian Supreme Court decision (case no. 11626/2020) and its potential implications for foreign financial institutions operating in Italy.
Abstract
Purpose
To analyze the Italian Supreme Court decision (case no. 11626/2020) and its potential implications for foreign financial institutions operating in Italy.
Design/methodology/approach
This article provides firstly a brief description of Decree 231/2001 and of its application to financial institutions, then a description of the Italian Supreme Court decision and, lastly, a set of inputs to foreign financial institutions operating in Italy.
Findings
Following the decision under review, where the further conditions set out in the Decree 231/2001 are met, entities are liable under the same Decree when a relevant offense occurs in Italy – or there is Italian jurisdiction – regardless of their nationality, the localization of their registered office, the place where they predominantly carry out their business or whether there are rules governing the same matter in the State of origin.
Practical implications
Following the decision under review, foreign financial institutions operating in Italy should adopt and implement the control measures required by the Decree 231/2001 in order to avoid incurring the relevant sanctions.
Originality/value
This is an analysis of the potential practical implications for foreign financial institutions operating in Italy of a decision issued by the Italian Supreme Court that may also provide useful advice to mitigate the potential risks linked to it.
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To explain the impacts of the class action, as recently amended by the Italian Parliament, and help financial institutions to develop a compliance approach in order to avoid…
Abstract
Purpose
To explain the impacts of the class action, as recently amended by the Italian Parliament, and help financial institutions to develop a compliance approach in order to avoid and/or mitigate the relevant risks.
Design/methodology/approach
This article provides an overview on the Italian class action, as recently amended by the Italian Law No. 31/2019, examines the relevant impact for financial institutions (taking into account some recent case law) and identifies possible compliance solutions to avoid/mitigate the relevant risks.
Findings
The recent amendments to the Italian class action may increase risks for financial institutions.
Practical implications (Optional)
Financial institutions should examine their relationships with stakeholders in the light of the new Italian class action in order to implement policies and procedures to prevent the relevant risks.
Originality/value
Practical guidance from an experienced lawyer in the litigation and compliance fields.
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The purpose of this paper is to provide guidelines and inputs for the implementation of policies and procedures governing transactions and business relationships with politically…
Abstract
Purpose
The purpose of this paper is to provide guidelines and inputs for the implementation of policies and procedures governing transactions and business relationships with politically exposed persons (PEPs) under the anti-money laundering (AML) legal framework.
Design/methodology/approach
This paper reviews AML PEPs’ regime in the perspective of the European Union Directive (EU) 2015/849 of May 20, 2015; the Italian Legislative Decree no. 231 of November 21, 2007; and the “good practice” recommendations issued by the Bank of Italy. In particular, it provides an overview of EU and Italian legislation in connection with PEPs and describes “good practice” recommendations provided by the Bank of Italy to implement policies and procedures to properly perform transactions with PEPs and comply with AML legislation.
Findings
Bank of Italy’s “good practice” recommendations are an important tool for credit and financial institutions managing transactions and business relationships with high-risk counterparties such as PEPs. They shall help determine how to properly implement policies and procedures for an enhanced identification and verification of PEPs.
Originality/value
This paper provides useful information on how to draft policies and procedures in order to be compliant with AML legislation related to PEPs.
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Lorenzo Parola and Francesco Falco
Analysis of the guidelines on investment recommendations (“Guidelines”) issued by the Italian Securities and Exchange Commission (“CONSOB”) on the application of the EU Regulation…
Abstract
Purpose
Analysis of the guidelines on investment recommendations (“Guidelines”) issued by the Italian Securities and Exchange Commission (“CONSOB”) on the application of the EU Regulation No. 596/2014, the Market Abuse Regulation (“MAR”).
Design/methodology/approach
This article focuses on the Guidelines issued with the aim to facilitate the identification of unlawful conducts of firms and individuals disseminating investment recommendations on financial instruments or issuers. In particular, the definition of investment recommendations as per MAR, the duties of persons providing such information and also the investigative powers conferred to CONSOB in order to prevent the dissemination of false or misleading information to the public are examined in detail.
Findings
The Guidelines are an important interpretative tool for firms and individuals providing investment recommendations on financial instruments or issuers. They further determine the duties deriving from MAR and the investigative powers attributed to CONSOB.
Originality/value
This article provides useful information on MAR and practical guidance on the applicability of this regulation to persons and firms providing investment recommendations on financial instruments or issuers.
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Ram Jiwari, Stefania Tomasiello and Francesco Tornabene
This paper aims to capture the effective behaviour of nonlinear coupled advection-diffusion-reaction systems and develop a new computational scheme based on differential…
Abstract
Purpose
This paper aims to capture the effective behaviour of nonlinear coupled advection-diffusion-reaction systems and develop a new computational scheme based on differential quadrature method.
Design/methodology/approach
The developed scheme converts the coupled system into a system of ordinary differential equations. Finally, the obtained system is solved by a four-stage RK4 scheme.
Findings
The developed scheme helped to capture the different types of patterns of nonlinear time-dependent coupled advection-diffusion-reaction systems such as Brusselator model, Chemo-taxis model and linear model which are similar to the existing patterns of the models.
Originality/value
The originality lies in the fact that the developed scheme is new for coupled advection-diffusion-reaction systems such as Brusselator model, Chemo-taxis model and linear models. Second, the captured pattern is similar to the existing patterns of the models.
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Francesco Tajani, Francesco Sica, Pierfrancesco De Paola and Pierluigi Morano
The paper aims to provide a decision-support model to ensure a proper use of the limited resources, financial and not, for the enhancement of the cultural heritage and…
Abstract
Purpose
The paper aims to provide a decision-support model to ensure a proper use of the limited resources, financial and not, for the enhancement of the cultural heritage and comprehensive development of small towns from sustainable perspective.
Design/methodology/approach
The assessment model is set up using a multi-criteria method that combines elements of linear planning with a performance indicators system that may represent the complexity of the territory’s cultural identity as a result of existing cultural-historical assets.
Findings
The model reliability is tested in a case study in a Municipality in southern Italy. The case study’s findings highlight the advantages for the public/private operators, who can consciously choose which preservation and restoration projects to fund while taking into account the effects those decisions will have on the economic, social and environmental context of reference.
Research limitations/implications
Due to the suggested operational approach and the selection of variables for accounting economic, social and environmental impacts by the renewal project, the research findings may not be generalizable. Therefore, it is recommended that researchers look into the suggested theories in more detail.
Practical implications
The study offers implications for designing a user-friendly tool to help decision-making processes from a private–public viewpoint in a reasonable allocation of financial resources among investments for cultural property asset enhancement.
Originality/value
The suggested operational approach provides a reliable information apparatus to depict the decision-making process under small-town development in accordance with sustainability dimensions.
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Francesco Mureddu, Juliane Schmeling and Eleni Kanellou
This paper aims to present pertinent research challenges in the field of (big) data-informed policy-making based on the research, undertaken within the course of the European…
Abstract
Purpose
This paper aims to present pertinent research challenges in the field of (big) data-informed policy-making based on the research, undertaken within the course of the European Union-funded project Big Policy Canvas. Technological advancements, especially in the past decade, have revolutionised the way that both every day and complex activities are conducted. It is, thus, expected that a particularly important actor such as the public sector, should constitute a successful disruption paradigm through the adoption of novel approaches and state-of-the-art information and communication technologies.
Design
The research challenges stem from a need, trend and asset assessment based on qualitative and quantitative research, as well as from the identification of gaps and external framework factors that hinder the rapid and effective uptake of data-driven policy-making approaches.
Findings
The current paper presents a set of research challenges categorised in six main clusters, namely, public governance framework, privacy, transparency, trust, data acquisition, cleaning and representativeness, data clustering, integration and fusion, modelling and analysis with big data and data visualisation.
Originality/value
The paper provides a holistic overview of the interdisciplinary research challenges in the field of data-informed policy-making at a glance and shall serve as a foundation for the discussion of future research directions in a broader scientific community. It, furthermore, underlines the necessity to overcome isolated scientific views and treatments because of a high complex multi-layered environment.
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Simona Guglielmi, Giulia M. Dotti Sani, Francesco Molteni, Ferruccio Biolcati, Antonio M. Chiesi, Riccardo Ladini, Marco Maraffi, Andrea Pedrazzani and Cristiano Vezzoni
This article contributes to a better theoretical and empiric understanding of mixed results in the literature investigating the relationship between institutional confidence and…
Abstract
Purpose
This article contributes to a better theoretical and empiric understanding of mixed results in the literature investigating the relationship between institutional confidence and adherence to recommended measures during a pandemic.
Design/methodology/approach
The article relies on structural equation models (SEMs) based on data from ResPOnsE COVID-19, a rolling cross-section (RCS) survey carried out in Italy from April to June 2020.
Findings
The authors’ findings show the existence of multiple pathways of confidence at the national and local level. Confidence in the institutions is positively associated with support for the performance of the Prime Minister and that of the regional institutions in the North West, which in turn, raises the likelihood of following the restrictive measures. However, in the same regions, a good appraisal of the regional system's performance also had a direct positive effect on the perception of being safe from the virus, decreasing adherence to the restrictive measures. Finally, the direct effect of confidence in the institutions on compliance is negative.
Social implications
The result enlightens the crucial role both of national and local institutions in promoting or inhibiting adherence to restrictive measures during a pandemic and suggests that “one size fits all” measures for increasing overall institutional confidence might not be sufficient to reach the desired goal of achieving compliance in pandemic times.
Originality/value
The authors theorize and test three cognitive mechanisms – (1) the “cascade of confidence”; (2) the “paradox of support” and (3) the “paradox of confidence” – to account for both the positive and negative links between measures of political support and public acceptability of COVID-19 containment measures.
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Andrea Rey, Giovanni Catello Landi, Francesco Agliata and Mavie Cardi
The paper aims to investigate the role of the network in managing the tradition and innovation paradox in the agribusiness industry. In particular, this study aims to demonstrate…
Abstract
Purpose
The paper aims to investigate the role of the network in managing the tradition and innovation paradox in the agribusiness industry. In particular, this study aims to demonstrate that agribusiness firms can innovate through tradition by joining a network, to capture the way intellectual capital (IC) is created, shared and transformed.
Design/methodology/approach
The authors approached the study using the social capital conceptual framework, considering the network a critical determinant of social capital, which enhances the organization's ability to share, create and utilize knowledge. Then, the authors also employed the extended territorial strategy theory. The authors derived empirical evidence from companies belonging to the PGI-labeled Consortium of Pasta di Gragnano (Consortium). The authors used a quantitative approach, carrying out a panel data analysis.
Findings
The results suggested that belonging to Consortium had a positive impact on the operating performance, the financial performance and the environment where consortium firms operate. Thus, being part of a network helps firms to innovate in a traditional industry.
Research limitations/implications
The evidence of this work provided several implications for managers, IC community and the policy public. For managers, the authors observed that agribusiness firms can preserve their traditions through knowledge sharing with firms that operate in the same network. For IC community, the authors contributed to the debate on the social capital theory, arguing that the one area of IC that has received significant attention is the role of the network, which enhances the organization's ability to generate, share and apply knowledge effectively (Lin, 2017; Solitander and Tidström, 2010). Finally, the authors argued that policymakers should implement new reforms that facilitate the formation of networks, especially in socio-economic contexts where the unemployment rate is high.
Originality/value
This is the first study that employs quantitative analysis to investigate this paradox.
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Nora Annesi, Massimo Battaglia, Ilenia Ceglia and Francesco Mercuri
Organisations are confronted with the challenge of navigating various pressures arising from activities that shape environmental and social impacts, which stakeholders find…
Abstract
Purpose
Organisations are confronted with the challenge of navigating various pressures arising from activities that shape environmental and social impacts, which stakeholders find significant. This research endeavours to ascertain a process facilitating the analysis and seamless integration of sustainability into corporate strategy. The goal is to establish an “integrated” ESG governance framework adept at effectively managing institutional pressures.
Design/methodology/approach
This research employs an action research approach, focusing on a leading company within the sugar industry. The investigation delves into the relationship dynamics associated with business issues through a process that engages, either directly or indirectly, board members, top managers, as well as industrial and commercial customers, along with final consumers.
Findings
The formulation of a sustainability strategy serves as a guiding framework for the Board of Directors in effectively navigating tensions arising from environmental, social and economic pressures.
Research limitations/implications
The research contributes to bridging the realms of business governance and institutional theory (viewed under a paradoxical lens). On a managerial level, the study introduces a structured process aimed at seamlessly integrating sustainability objectives into governance, aligning with international ESG guidelines (OECD, 2023; WEF, 2020).
Originality/value
The originality of this research lies in crafting a sustainability strategy by the BoD that takes into account the impact of governance and responds to the demands of strategic stakeholders.