With opinion no. 001449/2018, the Council of State provided some clarifications regarding the new rules on transparency in the public disbursement system referred to in paragraph 125 of the Annual Law for the labor market and competition.
The transparency and publication obligations envisaged by the regulations issued last August 2017 must in fact be introduced and complied with starting from the year 2018 (understood as the fiscal year).
Starting from 28 February 2019 and by 28 February of each year, therefore, the environmental protection associations (national or present in at least five regions - art.13, Law n. 349/1986), the protection associations of consumers (art. 137, Legislative Decree no. 206/2005), associations (in a generic sense), non-profit organizations and foundations that have obtained subsidies or any other type of economic advantage from public administrations or from the subjects referred to to art. 2-bis, Legislative Decree no. 33/2013, de facto and de jure companies controlled by public administrations and publicly held companies will be required to provide feedback on this through their own digital sites/portals.
The rule also applies to beneficiary "companies", which unlike the aforementioned entities will instead have to mention it in the notes to the financial statements or any consolidated financial statements, under penalty of the repayment of the sums to the lenders (penalty which, in line with in textual data of the standard, according to the CdS it would only apply to this type of entity).
