The notariat pronounces itself on the Third Sector Code

Studio no. 104 of 2020/I of the National Council of Notaries examines some aspects related to the deed of incorporation, the statute, the new system for the recognition of legal personality and the publicity of third sector entities.
Brief introduction, systematic and introductory considerations about the relationship between the third sector code and the civil code, the Firm addresses some issues relating to the ETS constitutive act, its characteristics and differences with respect to the entities in the first book of the civil code and its minimum content .
The document also examines the procedure for acquiring the legal personality of the ETS and that for obtaining the qualification of ETS, with a case study of possible de facto situations, including the establishment of the ETS foundation by testamentary disposition.
Some specific sections are then dedicated to the notary's checks - with particular reference to the check on the deed of incorporation and to cases of non-existence of the conditions for the constitution, to the refusal of the notary and to the procedure pursuant to article 22, paragraph 3, CTS - and to the formal compliance check by the RUNTS office. On this occasion, the minimum capital requirements required and the regime of statutory amendments are investigated, with reference to both the effectiveness and the procedure.
Finally, particular attention is paid to RUNTS: to its organization, structure and content; the procedures for registering the deed of incorporation and amendments to the articles of association; to silent assent, to the procedure for ETS without legal personality; the procedure for ETS with legal personality; the extinction of the entity, the devolution of the assets and the cancellation from the RUNTS; migration to another section; the continuation of the entity's activity and the consequences on the legal personality; the enforceability of deposited deeds; to the "population" of the register and the transmigration into the RUNTS of the existing registers and to the transitional discipline.