THE CHALLENGE
When registering a nonprofit in Italy, what are some things I should take into consideration?
NONPROFITS IN ITALY
In Italy, nonprofits are considered “Third Sector” organizations, meaning they do not qualify as either governmental or business organizations. In 2017, the new Code of the Third Sector went into effect in Italy. According to the new code, “organizations such as associations, volunteer organizations, and philanthropic foundations formed to pursue the common good” whose goals aim to development human life create and employment opportunities for all Italians are considered the Third Sector (Legislative Decree No. 117 of July 3, 2017, Code of the Third Sector). Governmental agencies; political associations; unions; and professional, entrepreneurial, commercial, or industrial associations are not usually considered part of the third sector.
SOLUTION
There are specific procedural steps to follow when registering a nonprofit in Italy. The nonprofit must have at least two members, a unique name, drafted Articles of Association, and a memorandum detailing the characteristics of the nonprofit. Next, the nonprofit must be registered at the Inland Revenue Office in Italy. Applicants also must provide “Modello 69” and “Modello F23” forms, as well as a copy of the fiscal code, in order to be able to register at the Inland Revenue Office. Italian law has set a minimum amount that the nonprofit must have in its accounts in order to register at fifteen thousand (15,000) euros and for foundation thirty thousand (30,000) euros.
Additionally, it is important to keep in mind that Italian foundations can only be supported by founding members. Nonprofits qualify for taxation relief once registered. The taxation guidelines follow the laws of taxation of the Third Sector.
CONCLUSION
The most important factors to consider when registering a nonprofit in Italy are to understand that nonprofits belong to the Third Sector and to ensure all documents are properly filed to ensure a smooth and effective registration process.
Nouvelle Gonzalo is a U.S. and international corporate lawyer who works with companies across the globe. She is the managing attorney of Gonzalo Law LLC, a U.S. and international corporate law firm with offices in Florida and Ohio. In addition to the active practice of law, she has served as adjunct faculty at the University of Florida Levin College of Law where she has taught international corporate law for several years. She was recognized as a rising star by the national organization, Super Lawyers, in 2019 and 2020. Her practice areas include: international corporate law, intellectual property law, and nonprofit law.
Macarena Bazan is a current sophomore at the University of Florida majoring in Political Science and Business Administration with a specialization in Pre-Law. Macarena is a Legal Intern for Gonzalo Law a U.S. and International Corporate Law Firm, the Vice President of the University of Florida chapter of Phi Alpha Delta, and a member of the Honors College. She placed 3rd in the National Phi Alpha Delta Mock Trial competition and has received the President’s Honor Roll and Dean’s List throughout her college career. Macarena has been with Gonzalo Law since January 2020. She focuses on case research, drafting and editing contracts, and additional research.
SOURCE
Dante, Global Legal Monitor Italy: Code to Regulate Nongovernmental Organizations | Global Legal Monitor (2017), https://www.loc.gov/law/foreign-news/article/italy-code-to-regulate-nongovernmental-organizations/.
