Decree-Law No. 25 of 17 March 2023 has been converted into law by Law No. 52 of 10 May 2023 on urgent provisions regarding the issuance and circulation of certain financial instruments in digital form and simplification of FinTech experimentation and has been published in the Italian Official Gazette, Gazzetta Ufficiale.
Law No. 52 of 17 March 2023 converts the previously established Decree-Law No. 25, also known as the Fintech Decree, which focuses on the emission and circulation of particular digital financial instruments and simplification of FinTech experimentation, into an established law, with alterations specified in the law’s annex.
Through the conversion into law some amendments have been introduced, the most notable of which is the addition of Article 26-bis „Anti-Money Laundering Discipline,“ under which a new figure is created: the „person in charge of registers for digital circulation“ obligated to AML requirements.
The Fintech Decree aligns the national system with the provisions of DLT Pilot Regime Regulation, which establishes a pilot regime for market infrastructures based on distributed ledger technology (DLT).
The Fintech Decree was issued urgently to establish an adequate regulatory framework for emissions and circulation through DLT, ensuring that Italian operators are not at a competitive disadvantage compared to operators in other EU member states.