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Business networks, news in the Development Law

The Development Bis Decree contains a series of important regulatory interventions relating to Network Contracts – The possibility has been introduced for networks to participate in public tenders – News on financial liability and procedures for registering with the Companies Register.

Business networks, news in the Development Law

As reported by Retimpresa, the agency for business combinations, the DL Sviluppo Bis, which, after passing through Parliament, will come into force in the next few days, contains aa series of important interventions also with regard to the legislation on the "Network Agreement", in an attempt to clarify some technical passages of this discipline, to facilitate greater effectiveness.

Among the interventions, also the one on the Procurement Code, which now provides for the participation of network contracts in public tenders, while in the agri-food sector the possibility of set up Mutuality Funds between Contractors, aimed at protecting the parties from unforeseen changes in market conditions.

As far as financial liability is concerned, the Decree limits it to the common fund only, while the possibility is introduced of drawing up the contract not only by public deed, but also by means of a private deed authenticated with a digital or electronic signature, and the transmission of the contract to the Business Register will have to take place through standard models. It is necessary to name and indicate the headquarters of the network in the contract. Furthermore, companies that have signed a network contract can register the network in the ordinary section of the business register and the choice to register involves the acquisition of legal subjectivity of the network.

Other specific changes concern the network contract in the agricultural sector and for internationalization consortia (to which grants are granted to cover no more than 50% of the expenses incurred for the execution of internationalization projects). Other innovations, such as the creation of a pilot project, are aimed at encouraging the creation of business and supply chain networks between companies in the tourism sector of the national territory.

The really new and expanding instrument of network contracts therefore meets a new attempt to equip itself with clearer rules, which favor its growth. 

The link to Retimpresa's technical commentary on the new structure of Network Contracts.

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