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Publication obligation for grant recipients (Year 2022)

Law 04.08.2017 n. 124 (Annual law for the market and competition) modified by decree law n. 34/2019 (Growth decree) art. 35 (Obligations to inform public disbursements). Article 1

• 125. Starting from the 2018 financial year, the subjects referred to in the second period are required to publish on their websites or similar digital portals, by 30 June of each year, the information relating to grants, subsidies, advantages, contributions or aid, in cash or in kind, not of a general nature and with no consideration, remuneration or compensation, actually disbursed to the same in the previous financial year by the public administrations referred to in article 1, paragraph 2, of the legislative decree of 30 March 2001 , n. 165 and by the subjects referred to in article 2-bis of the legislative decree of 14 March 2013, n. 33. This paragraph applies: a) to the subjects referred to in article 13 of the law of 8 July 1986, n. 349; b) to the subjects referred to in article 137 of the legislative decree 6 September 2005, n. 206; c) to associations, non-profit organizations and foundations; d) to social cooperatives which carry out activities in favor of foreigners pursuant to the legislative decree of 25 July 1998, n. 286.

• 125-bis. The subjects who carry out the activities referred to in article 2195 of the civil code publish in the notes to the financial statements and any consolidated financial statements the amounts and information relating to subsidies, subsidies, advantages, contributions or aid, in cash or in nature, not of a general nature and devoid of a consideration, remuneration or compensation nature, to the same actually paid by the public administrations referred to in article 1, paragraph 2, of the legislative decree 30 March 2001, n. 165 and by the subjects referred to in article 2-bis of the legislative decree of 14 March 2013, n. 33. Persons who prepare the financial statements pursuant to article 2435-bis of the civil code and those in any case not required to prepare the explanatory notes fulfill the obligation referred to in the first period by publishing the same information and amounts, by 30 June each year, on its own websites, in a manner freely accessible to the public or, in the absence of the latter, on the digital portals of the relevant category associations.

• 125-ter. Starting from 1 January 2020, failure to comply with the obligations referred to in paragraphs 125 and 125-bis entails a fine equal to 1 per cent of the amounts received with a minimum amount of 2,000 euros, as well as the ancillary sanction of compliance with the publication obligations. After 90 days from the dispute without the violator having complied with the publication obligations, the sanction of the full return of the benefit to the disbursing subjects is applied. The sanctions referred to in this paragraph are imposed by the public administrations referred to in article 1, paragraph 2, of the legislative decree 30 March 2001, n. 165, who have provided the benefit or, in other cases, by the supervising or competent administration for the matter. The law of 24 November 1981, n. 689, as compatible.

• 125-quater. If the subjects disbursing subsidies, subsidies, advantages, contributions or aid, in cash or in kind, without consideration, remuneration or compensation referred to in paragraphs 125 and 125-bis are central government administrations and have fulfilled the publication obligations envisaged by article 26 of the legislative decree 14 March 2013, n. 33, the sums referred to in paragraph 125-ter are paid into a specific chapter of the state budget revenue to be reallocated to the pertinent chapters of the estimates of the administrations originally competent for the matter. In the event that the lenders referred to in the first sentence have not fulfilled the publication obligations pursuant to article 26 of the legislative decree of 14 March 2013, n. 33, the sums referred to in paragraph 125-ter are paid into the state budget to be reassigned to the Fund for the fight against poverty and social exclusion referred to in article 1, paragraph 386, of the law of 8 December 2015, no. 208.

• 125-quinquies. For State aid and de minimis aid contained in the National Register of State aid referred to in article 52 of the law of 24 December 2012, n. 234, the registration of aid in the aforementioned system, with consequent publication in the transparency section provided for therein, carried out by the subjects who grant or manage the same aid pursuant to the relative regulations, takes the place of the publication obligations imposed on the subjects referred to in the paragraphs 125 and 125-bis, provided that the existence of aid subject to the obligation of publication is declared in the National Register of State aid in the explanatory note to the financial statements or, if not required to draft the explanatory note, on its website internet or, failing that, on the digital portal of the relevant category associations.

• 125-sexies. The social cooperatives referred to in paragraph 125, letter d), are also required to publish quarterly on their websites or digital portals the list of subjects to whom sums are paid for the performance of services aimed at integration, assistance and protection activities social.

• 126. Starting from 1st January 2018, the publication obligations referred to in article 26 of the legislative decree 14 March 2013, n. 33, also apply to entities and companies controlled by law or in fact, directly or indirectly, by the State administrations, through publication in their annual accounting documents, in the explanatory notes to the financial statements. In the event of non-compliance with this obligation, an administrative sanction equal to the sums disbursed will be applied.

• 127. In order to avoid the publication of irrelevant information, the publication obligation referred to in paragraphs 125, 125-bis and 126 does not apply where the monetary amount of grants, subsidies, advantages, contributions or aid, in cash or in kind, without consideration, remuneration or compensation actually paid to the beneficiary is less than 10,000 euros in the period in question.

• 128. In article 26, paragraph 2, of the legislative decree 14 March 2013, n. 33, after the second sentence, the following is added: «Where the beneficiaries are legally or de facto controlled by the same natural or legal person or by the same groups of natural or legal persons, the consolidated group data are also published.».

• 129. For the implementation of the provisions envisaged by paragraphs 125 to 128, the administrations, bodies and companies referred to in the aforementioned paragraphs shall, within the ambit of the human, financial and instrumental resources envisaged by current legislation and, in any case, without new or major charges borne by public finance".

We inform you in compliance with the obligation of transparency of public disbursements envisaged by Art. 1 C. from 125 to 125 sexies and 127 L. 124/2017 to have benefited from contributions available at the following link: https://www.rna.gov.it/RegistroNazionaleTrasparenza/faces/pages/TrasparenzaAiuto.jspx