IL COLLEGIO SINDACALE NELLE BANCHE

This thesis is aimed at outlining the role of the Board of the Statutory Auditors (the so called “Collegio Sindacale”) in the Italian banks. Specifically, the statutory auditors perform a control that has conventionally been considered to be ex-post and periodic, normally a spot check, for the purpose of informing the shareholders of illegal acts, misconduct, or negligence by the directors. Instead, the monitoring of the Board of Statutory Auditors in the banks seems to assume different connotations in relation to the control assigned to it in "ordinary" companies, as it can be classified as a sort of supervisor of the overall system of internal controls: such monitoring can be implemented not so much subsequently and in a context of sanctions in relation to management irregularities, but more in a preventive context of continuous cooperation with the directors in the correction of organizational structures. Moreover, the goal of the last chapter of the thesis is to analyze if the Board of Statutory Auditors can perform an “ex-ante” control also in the ordinary companies, taking into account the need of protection of the minority shareholders, the creditors and the stakeholders.