OK by the Senate

From fashion to the crackdown on online reviews: the annual SME law arrives

The Senate chamber approved on first reading the measure, which for the first time implements the obligation of an annual Ddl foreseen since 2011

by C.Fo.

e

4' min read

Translated by AI
Versione italiana

4' min read

Translated by AI
Versione italiana

The law for SMEs has reached its first milestone. The Senate Chamber has approved the measure that for the first time implements the obligation of an annual Ddl foreseen since 2011. The text - which now passes to the Chamber - contains regulations on a dozen subjects, from enterprise networks to the certification of fashion supply chains, from online reviews to the pensioner-young worker relay.

The tax incentive that was created in 2010 in favour of networks of companies formalised in a special contract is reintroduced, albeit with a limited endowment of €45 million over three years. It is a tax suspension scheme - until the 2028 tax period - for the portion of profits allocated to the realisation of investments envisaged by the common network programme. The amount that does not contribute to the formation of the company's income cannot, however, exceed the limit of €1 million per year. To define the details of the intervention will require an implementing decree of the Minister of Enterprise and Made in Italy (MIMIT), in agreement with the Minister of the Economy and after consulting the Revenue Agency, to be adopted within 60 days from the date of entry into force of the law.

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Article 2 of the decree, coordinated by the Ministry of Enterprise, instead provides for the establishment of a EUR 100 million reserve of the Sustainable Growth Fund to support development programmes of between EUR 1 and 20 million proposed by SMEs belonging to the fashion supply chain. For this sector, an amendment by Fratelli d'Italia has also introduced a compliance certification, with a shield protecting the supply chain's lead companies in the event of certain offences attributable to the subcontracting chain.

The text arriving in the Senate (rapporteurs: Salvo Pogliese of FdI and Gianluca Cantalamessa of the League) also contains rules to protect tourism and catering businesses from the damage caused by false online reviews, with a tightening of the rules that has been scaled down due to the EU Commission's criticisms of the first drafts. Precisely because of these doubts, the Senate has removed the obligation to identify those who publish reviews on Internet sites, while it has established that comments will only be considered lawful if they are made no later than 30 days after the date of use of the product or service by the person who actually used it. The presumption of an authentic review will apply if it is accompanied by an invoice or tax receipt.

In any case, reviews will no longer be considered lawful, due to loss of topicality, two years after publication. The Antitrust Authority, having consulted the Communications Authority, the Privacy Guarantor, the Ministry of Enterprise and the Ministry of Tourism, will have to adopt guidelines.

The measure covers a number of other fronts. A two-year experiment, limited to a maximum of 1,000 workers in companies with fewer than 50 employees, has been launched to encourage the generational change of those close to retirement. Access to part-time benefits (with 100% exemption from social security contributions up to a limit of EUR 3,000) is conditional on the employer hiring a full-time, indefinite person under 35. With an amendment approved in committee, the go-ahead has also been given to the possibility for companies owning historic brands to acquire other companies in the sector, with the help of the Safeguard Fund for companies in crisis, provided they have more than 20 employees.

The bill also simplifies access to bank credit through the securitisation of stock and further outlines the tasks of the SME Guarantor, which is to coordinate a permanent consultation table of trade associations.

A delegation of power to the government envisages the creation of consortium centres. These bodies will have the function of guiding and coordinating the aggregations of micro-SMEs already united in supply chain consortia and will take the form of joint-stock consortium companies, with supervision attributed to MIMM. However, no more than five consortia may be recognised and each of them must unite at least five consortia located in the territory of at least three regions. In addition, the consortia united in the centre must have at least 10 members.

Two other delegations refer, respectively, to the creation of a single text for start-ups and innovative SMEs and to the tasks and activities of the Confidi (credit guarantee consortia): 'We also want to focus attention on the possibility for the Confidi (credit guarantee consortia) themselves to expand their activities in the field of granting loans, mainly to associated companies,' emphasises Massimo Bitonci, undersecretary of the MIME. This is why in the Senate Industry Committee I gave a favourable opinion on the agenda of the Lega Lega group to set up a round table for dialogue between institutions and the Confidi (credit guarantee consortia) world in this direction. Finally, in the Senate committee, a delegation was added, to be exercised in nine months, for the reorganisation of the craft sector.

Per il ministro delle Imprese e del made in Italy, Adolfo Urso, «si tratta di un passo storico, la legge era attesa da oltre dieci anni». Il relatore di FdI, Salvo Pogliese, parla di «un provvedimento che dopo anni di silenzi darà attuazione a una legge richiesta dalla Commissione europea». In una nota, i senatori della Lega in commissione Attività produttive Giorgio Maria Bergesio, vicepresidente, Gianluca Cantalamessa, relatore del provvedimento, e Mara Bizzotto, sottolineano la rilevanza delle norme che «proteggono la produzione dei veri artigiani» da chi si fa promozione senza averne i requisiti, oltre alla tutela dei marchi storici e al sostegno alla moda. «Ma le norme da noi volute permettono anche di sbloccare le gare d’appalto dei consorzi stabili e di garantire risparmi assicurativi per gli imprenditori agricoli. È stato inoltre accolto il nostro ordine del giorno per impegnare il governo, a breve, in investimenti strutturali a favore delle emittenti locali». Critica la senatrice Sabrina

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