E’ stata pubblicata un’interessante Nota Direttoriale avente ad oggetto diversi quesiti afferenti all’ordinamento e all’amministrazione degli Enti del Terzo settore, al ruolo dei volontari e alle funzioni esercitabili dal legale
rappresentante di una rete associativa nei rapporti con gli uffici del RUNTS.

The provision is full of considerations and arguments for which it is recommended that you read it in its entirety. In any case, the conclusions reached by the Ministry on certain aspects of significant interest for the life of the ETS are indicated below:

  1. The possibility of resorting to the co-optation of members of the administrative body pursuant to article 2386 of the civil code is not considered applicable to third sector associations.
  2. The statutes of Volunteer Organizations may entrust qualified external subjects (art. 26, paragraph 5, Third Sector Code) with the appointment of a minority of directors, provided that the appointee holds the position of member of the SB pursuant to article 34 of the CTS.
  3. It is absolutely contrary to the principles of the CTS that only some associates have the fullness of the active electorate, since according to article 24, paragraph 2, "each associate has one vote". Instead, with reference to the so-called passive vote (the possibility of being elected to corporate offices), the principle of equality must be reconciled, according to criteria of reasonableness, with the possession of the requisites that allow the candidate to carry out the office for which he is elected.
  4. The criterion to be used for the calculation in ODV and APS of the percentages referred to in article 33, paragraph 1 and 36 of the CTS is the so-called "criteria for witnesses": the numerical data to refer to and with respect to which to derive the percentages of workers available is that of the volunteers registered in the register of volunteers of the institution.
  5. The workers to be considered in the calculation referred to in the articles mentioned in the previous point are only subjects with a social security position, therefore employees and para-subordinates.
  6. The provision that allows APS to make use of the paid work services of its members is of a special nature and therefore cannot be extended to the SBs.

Note no. 18244 of 30 November 2021 can be consulted at the following link: