Brevi riflessioni sullo statuto pubblicistico degli amministratori nel Testo Unico

Abstract

In this article, by examining some regulatory profiles concerning the directors of publicly owned companies in the light of the Consolidated Law and relative jurisprudential applications, the Author picks up on a contradiction in the normative data and therefore a systematic inconsistency with respect to the possibility of configuring the by-laws applicable to them in strictly public or private terms (despite the approach in this sense, as laid out in art. 1, paragraph 3 of the TUSP, which subjects public companies to the code of law on capital companies). In this perspective, the provisions relating to the appointment and revocation of publicly appointed directors are taken into consideration, as well as the specific legal regime envisaged for in-house companies.