What will change for sport with the reform of sport? – second part

Continuing the analysis begun by the previous postan aspect of certain interest for the sporting world is the possibility, provided for in article 14 of Legislative Decree 39/2021, for “unrecognized” amateur sports associations to acquire legal personality by filing the statute with the new register of sports activities by the notary public.

The effects of the law will take effect from August 31..

Let’s summarize the state of the art.

Legal personality under private law, for the persons referred to in Book 1 of the Civil Code:

  • it consists in the acquisition of a perfect patrimonial autonomy (from obligations contracted, only the property of the association is liable)
  • and is obtained, in accordance with the provisions of articles 14 and following. Cod. civil. and Presidential Decree 361/2000through a request to the prefecture for entities operating on a national basis or for Presidency of the Regional Council (or Provincial for the autonomous provinces) for the territorial realities that operate in matters delegated to the Regions.

Gratitude has nature discretionarybased on conformity assessment put in place by the administrative authority between the aims of the organization and the goods of which it justifies the possession and which has the function of acting as guarantor for third parties who contract with the recognized organization.

Over time he came to have one quantification of the assets necessary to obtain an extremely varied recognition on the national territory (for associations: Lombardy 30,000 euros; Emilia Romagna 25,000 euros; Piedmont 15,000 euros, Bolzano 5,500 euros).

Presidential Decree 117/2017 regulates, in theRule 22for entities in the tertiary sector a “simplified” procedure obtain said recognition by delegating to the notary the notary the verification of the existence of requirementsincluding assets, to achieve recognition, which is perfected with registration for the Runts by the same.

The third sector code standardizes the necessary consistency of equity throughout the national territory quantify it in €15,000.

Article 14 of Legislative Decree 39/2021 is part of this regulatory framework which, with a similar procedure (deposit by the notary), leads to the following: sports associations candidates for the aforementioned recognition.

The absolute novelty is that this request does not have to be proven by the existence of any valuation of the assets.

Identified on vulnerable we have to assess how this impacts the world of economic relations.

If it is true, as is disputed, that the minimum capital exercised to guarantee the rights of third parties, this function has been overturned by company law which sees several entities endowed with legal personality with minimal or even symbolic advantages (simplified srl, cooperatives, etc.).

The world of sport, unlike that of the third sector, has no clear differentiation, for example, in the type of activity, between amateur sports associations and clubs.

Therefore, if they were to be transferred to Legislative Decree 39/2021, the same principles as article 22 ctswe would have an ASD who carries out a non-economic activity must guarantee third parties 15,000 euros in assets and an SSD which may have millions of euros in turnover is regularly endowed with financial autonomy with a share capital of 10,000 euros (and maybe not even fully paid).

Given therefore that the absence of a demand for minimum capital does not appear from an evolutionary point of view of the associative bodies questionablevery doubtful is the discipline indicated.

In fact the paragraph 13-quinquies ofarticle 10 DL 73/2021 (converted with modifications by Law 106/2021) repealed, for the amateur sports associations and clubsthe obligation to deposit the statute in the register of sports activities.

Consequently, the notary must always submit the document to the sports department but there will be no registration of the entity in the registry also because the organization must also provide for affiliation to the Federation or the reference sports promotion organization.

What will then be the dies a quo of recognition?

Moreover, if the dictation for the newly created entities (“…the notary who has received the constitutive act of an association, after having verified the existence of the conditions provided for by law for the constitution of the body… must deposit it within twenty days at the competent office of the sports department .. .) it’s not understood how can sports associations already registered without legal personality apply for recognition in the register on the date of entry into force of the new regulation.

As well as the request for filing, when applying for registration in the register of sports activities, “data of cardholders“. This is because members normally it starts from the moment the sportswoman is regularly affiliated and operational.

A new figure provided for by the reform, atarticle 33, paragraph 6, Legislative Decree 36/2021 is the one from “responsible for the protection of minors “ which aims to prevent any possible abuse or violence against young athletes.

The functions and missions of this new entity entering the world of sport will be better defined in a by interministerial order provided for by the same standard.

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