With a note dated 4.18.2019, published in the Official Register of 5.22.2019, the Ministry of Labor and Social Policies provided some clarifications regarding the methods of application of the discipline introduced with the Third Sector Code towards NGOs.
In the light of the regulatory framework resulting from the coordinated analysis of the provisions of the Third Sector Code and of art. 32, paragraph 7, Law no. 125/2014, as integrated by article 89, paragraph 9, of the CTS, any automaticity of the registration of NGOs in the RUNTS must be excluded since the heterogeneity of the organizational forms assumed by this type of entity prevents their direct attribution to a specific section of the RUNTS.
On the other hand, the attribution of the ETS qualification is never automatic, as it is linked to the requirement of registration in the RUNTS; at the same time, the permanence of the SBs, of the APS and of the Onlus, subjects that in the meantime are considered ETS, within the perimeter of the Third Sector is conditioned by the implementation of the necessary statutory adjustments.
According to the provisions of article 101, paragraph 3, CTS, NGOs in possession of the status of ODV, APS and Onlus, considered ETS already in the transitional period, will be able to benefit from the facilitated regime of statutory adjustment referred to in article 101, paragraph 2, CTS.
In particular, for NGOs in possession of the qualification of ODV and APS, the provisions pursuant to article 54 of the CTS will apply, while for NGOs registered in the non-profit registry a specific path will be prepared for insertion within the RUNTS with the forthcoming implementing decrees.
NGOs, on the other hand, lacking one of these qualifications will not be able to be considered ETS in the same transitional period and at the time the RUNTS becomes operational they will therefore be required to adapt their statutes according to the common rules in application of the provisions of article 89, paragraph 9, CTS.
