With study no. 9-2018/I, the National Council of Notaries addressed the issue of adjustments to which cooperative companies are required, regardless of the reference to the regulation of the limited liability companies. or limited liability companies, for the composition of their administrative body, envisaged in order to counter the phenomenon of "false cooperatives".
Being Social Enterprises pursuant to the law, social cooperatives will be able to access the benefits referred to in Legislative Decree no. 112/2017 without statutory amendments, however, on the basis of the discipline introduced with the budget law, the administration must necessarily be entrusted to a collegial body made up of at least three subjects (art. 2542 of the civil code) whose appointment cannot last longer than three financial years, after which, unless otherwise established by the statute, they will be re-eligible.
Furthermore, internal control bodies must be appointed with the same requisites established for the statutory auditors of Spas and/or, in the event that certain thresholds of assets, revenues or employees are exceeded for two consecutive years, by a statutory auditor or a auditing firms entered in the appropriate register.
Any statutory changes necessary for compliance must in any case be made in the form of a public deed.
