La nomina e la revoca degli amministratori nelle società miste

The issue of companies participated by public entities represents a legal event of interdisciplinary relevance, in which elements and problematics of civil (commercial) law and of public (administrative) law collide. The picture proposed by the numerous reforms that succeeded each other year by year, that influenced in several ways on the participated companies system, is indeed rather articulated. The authority of direct nomination of one or more administrators by the participating public entities, provided for by art. 2449 c.c., establishes a “neutral” power such that administrators elected in this way do not fall into a “special” category, free from the common obligation of all administrators. Indeed the reformation of corporate law, inspired by the same current, has introduced in the examined norm, second comma, the locution for which state nominated administrators “have the same rights and obligations of members elected by the assembly”. It is not, then, in any way referring to sui generis authorities and their functioning, except for peculiarities about nomination and revocation, does not in any way differentiate itself from the ordinary one. .. [edited by Author]