A few days before the October 31 deadline, the Ministry of Labor intervenes on the issue of statutory adjustments of non-recognized associations established by public deed: with Directorial Note no. 10980/2020 established the principle according to which, without prejudice to the provisions contained in special laws (think of the social enterprise), the presence in an association-type entity of a deed of incorporation drawn up with a public deed cannot affect the validity of subsequent amending resolutions resulting from a simple private agreement (duly registered, we add). According to the Ministry, therefore, the civil law principles of freedom of the form of the deeds (which can be obtained from the combined provisions of articles 1325 and 1350 of the Civil Code) and of conservation of the same are applied. This provided that through the deed of incorporation or the statute in force, the associates have not previously limited themselves by establishing the need for the public form for statutory changes.
