Administrative, Configurability of joint public control in companies owned by a number of public administrations, Anac

Resolution number 859 of 25 September 2019

Configurability of joint public control in companies owned by a number of public administrations for the purpose of initiating the supervisory procedure for the application of the law on the prevention of corruption and transparency pursuant to Law 190/2012 and Legislative Decree 33/2013.

Normative references: art. 2-bis, co. 2, lett. b) of Legislative Decree 33/2013; art. 2, co.1, lett. b) and m) of Legislative Decree 175/2016.

Companies owned by several public administrations – joint public control.

For the purposes of carrying out its supervisory activities with companies in which several administrations hold shares, the Authority considers majority participation in the share capital as a presumptive index of the public control situation, with the consequent applicability of the rules envisaged for the controlling companies public in the l. 190/2012 and in Legislative Decree 33/2013.

The interested company that intends to represent the non-configurability of public control is required to demonstrate both the absence of formalized coordination between the public shareholders, which can be inferred from the law, the articles of association or shareholders’ agreements, and the dominant influence of the private shareholder, where present in the corporate structure.

The definitions contained in art. 2 of Legislative Decree 39/2013 for the identification of bodies governed by private law in public control, for the purposes of the application of the regulation on the subject of non-assignment and incompatibility of offices.

Source Anac