DECRETO 16 marzo 2023 : Approvazione dei modelli per il rilascio di certificati e copie anche digitali relativi alle informazioni sulla titolarita‘ effettiva. (23A03642)

The decree of the Ministry of Enterprises and Made in Italy, dated 16 March 2023, approving models for issuing certificates and digital copies related to information on beneficial ownership and the amount of secretarial fees, has been published in the Italian Official Gazette No. 149 on 28 June 2023.
The decree of 16 March 2023 specifically adopts the models provided in Annexes A, B, C, D, E, F, and G for issuing certificates by the offices of the business register, as required by Article 24 of Presidential Decree No. 581 of 7 December 1995.
The certificate models provided in this decree replace those approved by the Minister of Economic Development 24 on June 2016, to comply with the judgement of the European Court of Justice on 22 November 2022, in joined cases C-37/20 and C-601/20.
The court declared the provision that information on beneficial ownership of companies and other legal entities be accessible to the public as unlawful.
In light of this ruling, the decree considers it necessary to limit access to data on beneficial ownership of businesses and private legal entities to only those subjects with relevant and differentiated legal interests.
The annexed models are available on the Ministry’s website www.mise.gov.it.
According to anti-money laundering regulations, the UBO is the individual who ultimately owns or controls a legal entity or who benefits from it.
It will soon be possible to report actual ownership to the Commercial Register, which is imposed by the Legislative Decree no. 231/2007 (Anti-Money Laundering Decree) obligating UBOs of certain categories of entities (legal entities, private legal entities, trusts, and similar legal institutions) to communicate their status to the Companies Register.
The process of reporting UBO information is governed by various decrees. Decree 55, issued on 11 March 2022, outlines the regulatory provisions related to the UBO register. Another decree, released on 12 April 2023, approves the technical specifications of the required forms. However, the final decree that confirms the operationality of the UBO communication system is still pending.
Once the final decree is published in the Official Gazette, entities subject to this requirement will have 60 days to submit the relevant UBO information. The communication must be done electronically using the new DIRE application or other approved solutions that are updated with the necessary forms. To complete and submit the requests, the entities need a Telemaco account, a digital signature device, and a certified email address. Non-compliance with the obligation to report ultimate beneficial ownership within the specified timeframe will result in penalties as outlined in Article 2630 of the Civil Code.