Italy risks creating a monopoly, entrusting the opening of startups only to notaries

Italy risks creating a monopoly, entrusting the opening of startups only to notaries

Italy risks creating a monopoly

The Senate and Confindustria reject the government's choice to entrust the online establishment of startups exclusively to notaries

Digital payments (Lego, Getty Images) “A de facto legal monopoly”. A rule in "contrast with the principles of simplification and digitization consolidated in the context of the establishment of innovative startups". The first parliamentary broadcasts on the draft legislative decree of the government on companies (which transposes the EU directive 2019/1151), for the part relating to the return to notaries of the exclusivity of the online constitution of startups, are the European Policy Commission of the Senate and Confindustria.

The first in the opinion delivered last Thursday to the government on the draft decree and the second by sending a detailed document to the parliamentarian of the 5 Star Movement Luca Carabetta, pointing out in particular two "anomalous" rules: the one on the online constitution of the companies and that on the causes of ineligibility and forfeiture of the directors of the srl. The Chamber commissions will speak this week.

The battle for innovation and startups

There are political-parliamentary events that, despite the bureaucratic-documentary appearance, highlight a battle lockout in progress that becomes the story of a clash between past and future. And there are political decisions that, despite involving niche sectors (such as that of Italian startups), become the litmus test to understand if, "between saying and doing" of the country system, digital transformation actually contributes to the evolution of some sectors not so much in terms of technological capabilities, but in terms of a change of mind set (as they say). Because digital transforms (should) also thought.

This is the case of the battle for the online establishment of startups, among the supporters of a solution that is not only digital but also "liberalized" and inexpensive (where there is no need for a public act and in cases where an administrative or judicial preventive control is foreseen) and the supporters of the restoration of the exclusive relevance of notaries, with the side of the Ministry of Economic Development (Mise) led by Giancarlo Giorgetti.

From the world of start-ups, you look at everything this with apprehension, due to business sustainability which, especially in the early stage phase, need all the liquidity possible, without draining it into the pockets of others. Angelo Coletta, president of InnoVup, spoke again last week to say that "proclamations and fine words are not enough, Italian innovation needs concrete support. Half measures are not only useless, but they are counterproductive, like the reverse that we saw with Enea Tech and the online establishment of startups ".

The disputed return of the notary

The the government has prepared a delegated decree scheme which, taking the opportunity of the transposition of the “company” directive, has “fixed the shot” by restoring the old system, albeit online. He therefore drew a line above the simplified (and less expensive) online constitution chamber system based on the preparation and making available of pre-filled Statute models, but entrusted everything to the National Council of Notaries (Cnn).

To set up the startup you go to the notary. Point. And even if the constitution can take place online, the notary in charge can be the professional who resides in the (physical) place where the startup will be based. Three weeks ago Wired asked CNN some questions to find out if the platform project is already in progress, what security guarantees will be provided, the times and costs for full operation. But there was no answer.

The opinion to the government places precisely as a condition that the online constitution of the related companies, both to limited liability companies and to simplified limited liability companies, based in Italy, with capital paid up through contributions in cash, can be carried out according to one of the methods, already practiced today in the Member States of the European Union.

First: public notarial deed, including IT and telematic, formed through the use of a platform that allows videoconferencing and remote signing of the deed with digital signature or other type of qualified electronic signature.

Second: telematic procedures which, after electronic identification of the applicant using one of the tools referred to in article 64, paragraph 2-quater, of legislative decree March 7, 2005, number 82, or other means of electronic identification referred to in '' article 6 of EU regulation 910/2014, allow the use of predefined standard models validated by the Ministry of Justice and the Ministry of Justice, in accordance with the same EU directive 2019/1151, to be signed with a digital signature, or other type of electronic signature qualified.

The barricades of Confindustria

"The government's choice to entrust the online establishment of companies (limited liability and limited liability if mplified, ed) exclusively to a telematic platform managed by the National Council of Notaries, and not also through the use of the platform managed by the chamber system, as well as arousing perplexity among economic operators for the related additional costs, does not find justification in the law of European Union ", specifies the director of Confindustria Francesca Mariotti.

At the Confindustria assembly, president Carlo Bonomi drew the government's attention to the fact that," in terms of digital transition, numerous professional associations, pension funds and public companies controlled in-house are using their own resources, destined for something else, to create exclusive digital platforms in clear violation of competition, while the offer of digital services by private companies in the sector offers a very wide range of solutions already tested and available on the market ". The point here is not to ideologically marry one position or another, because reason is never on one side alone. Rather, it is a question of unleashing a true sense of openness to innovation for the good of the country system. Not the strongest lobby.

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Italian Government Legal Movement 5 stars Startup policy globalData.fldTopic = "Government, Italy, Legal , 5 star movement, Politics, startup "

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