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News for startups and innovative SMEs

L. D. 135/2018 converted with Law 12/2019 in force since 13.02.2019

With the conversion into law 11 February 2019, n. 12 of the L.D. 135/2018 the discipline of Start-ups and innovative SMEs has been changed, in order to simplify the disclosure obligations and the obligations required to maintain the envisaged benefits.

The intervention concerned the obligations relating to the disclosure and advertising obligations provided, respectively, for these companies by art. 25 co. 14, 15 and new 17-bis of Legislative Decree 179/2012 and by art. 4 co. 6 and new 6-bis of the DL 3/2015.

These are the news:

  • With the repeal of paragraph 14 of the art. 25 of the Legislative Decree 179/2012 the obligation for innovative startups to update the information provided at the time of submitting the application for registration to the special section of the Register is abolished;
  • The amendment launched through the introduction of paragraph 17 bis to art. 25 of the Legislative Decree 179/2012 establishes that the innovative Start-ups update and confirm the news that were previously the subject of a six-monthly communication pursuant to art. paragraph 14 of the art. 25 of the D.l. 179/2012, by inserting the information in the appropriate IT platform startup.registroimprese.it, at least once a year at the time of filing of the declaration certifying the maintenance of possession of the requirements to the Business Register. A similar provision was introduced by paragraph 6 bis to art. 4 of the Legislative Decree 3/2015 for innovative SMEs;
  • With reference to the terms for the annual communication of maintenance of possession of the start-up requirements, the amendment of paragraph 15 of the art. 25 of the Legislative Decree 179/2012 and paragraph 6 of art. 4 of the DL3 / 2015 allows the Start-up and the innovative SME to certify the aforementioned maintenance, not only within 30 days from the approval of the budget and in any case within six months from the end of the financial year (as foreseen so far), but also within seven months in the event that the approval of the financial statements by the meeting takes place by taking advantage of the "long" term of 180 days, provided that the company pays in the conditions expressly indicated by the second indention of the second paragraph of art. 2364 of the Civil Code, that is "in the case of companies required to prepare consolidated financial statements or when special requirements are required relating to the structure and purpose of the company".

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