News
For the formation of innovative start-ups, the intervention of a notary is not compulsory
- 09/10/2017
Ministerial Decree of 17th February 2016 provides that the formation of innovative start-ups may take place without the intervention of a notary, simply by means of a digitally-signed document.
On this issue, the Consiglio Nazionale del Notariato (Italian national council of notaries) has filed an appeal with the TAR Lazio, complaining that notaries would be damaged by that provision.
With Judgment no. 10004 of 2nd October 2017, the TAR Lazio has explained that the Ministerial Decree at issue did not abrogate the provision according to which the instrument of constitution of innovative start-ups may be drawn up and certified in due legal form. This option is still allowed by article 4, paragraph 10-bis, of Decree Law no. 3/2015.
Moreover, the TAR Lazio has observed that article 11 of Directive 2009/101/EC admits that the instrument of constitution and the statutes of a company may not be drawn up and certified in due legal form, if the national legislation provides for preventive, administrative or judicial control, at the time of formation of that company. In Italy, such control is carried out by the companies registration office.
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