WHISTLEBLOWING

The term “whistleblowing” refers to the reporting of wrongdoing or irregularities that an individual, the so-called “whistleblower” or “whistleblower,” encounters in a company or public entity in the course of his or her employment or otherwise by reason of professional relationships.

With Legislative Decree No. 24 of March 10, 2023, the government implemented EU Directive 2019/1937 on the protection of persons who report violations of European Union law and national regulatory provisions.

Legislative Decree No. 58 of February 24, 1998, as amended, requires financial intermediaries to adopt specific procedures for reporting internally acts or facts that may constitute violations of the rules governing their activities as well as Regulation (EU) 596/2014.

In order to comply with the obligations set forth in Legislative Decree No. 24/2023 and Legislative Decree No. 58/1998, Wisequity SGR S.p.a. has adopted its own “Whistleblowing Procedure”.
In this way, thanks to the help and prompt and responsible cooperation of all employees, collaborators and third parties with whom it has specific relationships, the Company is put in a position to be able to identify conduct that does not comply with the regulations and to promptly take appropriate corrective action.

Who can make a report?

• employees;
• the self-employed;
• Relationship holders who are working at the Company;
• freelancers and consultants who serve the Company;
• volunteers and interns, paid and unpaid, who serve with the Society;
• shareholders and persons with functions of administration, management, control, supervision or representation, even if such functions are exercised on a de facto basis, at the Company.

What can you report?

• violations of national or European Union regulatory provisions that harm the public interest or the integrity of the public administration or private entity, of which the reporter has become aware in the work context (these include, but are not limited to: violations of anti-money laundering regulations, violations of the rules governing the activity carried out as a financial intermediary as well as EU Regulation 696/2014 on market abuse);
• conduct that could integrate the commission of one or more relevant crimes under Legislative Decree 231/01 or constitute a violation of Model 231.

Instead, reports are EXCLUDED:

• related to an interest of a personal nature of the reporting person;
• of violations if they are already mandatorily regulated by EU or national acts or national acts that constitute implementation of EU acts;
• of national security violations, as well as procurement related to defense or national security aspects.

Mode of Reporting

Reporting can be done, including anonymously, through the following internal channels established by Wisequity SGR S.p.a:

• Through the “MIT Whistle” platform at the link www.soffiate.com , which ensures that the report is directed only to the Reporting Officer.
• By sealed envelope addressed to the Reporting Officer, containing two separate sealed envelopes:
  1. one containing the report;
  2. the other containing the details of the reporter, except in the case of anonymous reporting.
     The envelope should be delivered to the operational headquarters of Wisequity SGR S.p.a at Foro Buonaparte 76, 20121 Milan, marked “For the attention of the Reporting Manager of Wisequity SGR S.p.a.”
• Through a face-to-face meeting with the Reporting Officer at the request of the Reporting Officer.

The management of reports via internal channel

Reports are received by the Reporting Officer, who issues acknowledgement of receipt of the report within 7 days of receipt.

In the course of the investigation, the Reporting Officer maintains interlocutions with the reporter, who may be asked for additions and clarifications. If it is deemed useful for in-depth investigations, he may acquire information from the persons involved in the Report, who are also entitled to ask to be heard or to produce written comments.

The proceedings are concluded within 90 days from the date of the acknowledgement of receipt.

Reports via external channel

In cases where the reporting person has previously made an internal report and no response has been given in due time, or has well-founded reason to believe that the violation may constitute an imminent or obvious danger to the public interest or that the same may result in retaliation, it is possible to transmit a report to ANAC through the dedicated IT Platform found on ANAC’s website at: https://www.anticorruzione.it/-/whistleblowing.

For the case of violations of anti-money laundering regulations, regulations governing the activity carried out as a financial intermediary as well as Regulation (EU) 596/2014, the reporter may also transmit the report directly to the Bank of Italy at https://www.bancaditalia.it/compiti/vigilanza/whistleblowing/index.html or to Consob at http://www.consob.it/web/area-pubblica/whistleblowing.

In all cases, the protections of the bona fide Reporter for any retaliatory, persecutory or prejudicial acts remain intact.

Confidentiality and safeguards for the reporter

The legislation pursues the goal of responding to the needs to set a minimum European standard of legal protection for so-called “whistleblowers.”
The confidentiality of the identity not only of the reporting person, but also of the person involved and the person otherwise mentioned in the report is always guaranteed, thanks in part to the architecture of the dedicated web platform, which makes use of up-to-date encryption techniques.
In the case of anonymous reporting, the identity of the reporter cannot be traced.

In order to pursue the goal of strengthening the legal protection of the whistleblower, the legislation prohibits any retaliatory act against the bona fide whistleblower (such as dismissal, suspension, or equivalent measures) without prejudice to liability in the case of slanderous or bad faith whistleblowing.

A whistleblower who believes that he or she has been retaliated against as a result of filing a report may apply to the National Anticorruption Authority (ANAC) for due remedies through the dedicated section.