From 4 July 2018, pursuant to the Decree of the Ministry of Labor n. 50 of 2018, the operations of sale of a company or of a business branch engaged in the performance of activities of general interest of a Social Enterprise must be carried out on the basis of a sworn report by an expert appointed by the court in whose district it is located the company that certifies the actual value of its assets. This report, together with the entity's financial situation and that of the directors, must be attached to the written deed with a certain date to be communicated, as envisaged for the completion of extraordinary operations, to the Ministry of Labor at least 90 days before the convening of the body statutorily competent to approve the sale.
The new regulations also provide that, in the event of dissolution of the entity (regardless of whether this is voluntary or consequent to the loss of the status of Social Enterprise), the assets must be donated to other ETS operating for at least three years or, alternatively, to “funds for the development and promotion of social enterprises”. The administrative body is therefore required, indicating the exact amount of the assets, to communicate to the Ministry the data of the entity benefiting from the devolution and of the one that carries it out.
