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CORPORATE | MIMITR issues guidelines on the obligation to register the digital domicile of directors in Companies’ Register

Law n. 207 of 30 December 2024 (the “Law”) introduced the obligation for companies (imprese costituite in forma societaria) to file within the competent Companies’ Register the digital domicile (i.e., the certified e-mail address) of its directors. In this context, the Italian Ministry of Enterprises and Made in Italy (MIMIT) released its operational guidelines aimed at enabling the correct interpretation and implementation of this newly introduced obligation.

In particular, according to these guidelines:

  • this obligation does not apply to partnerships (società semplici);
  • the certified e-mail address notified to the competent Companies’ Register cannot be the same as the company’s certified e-mail address;
  • if the company is managed by a board of directors, the personal certified e-mail address of each director must be notified;
  • as newly incorporate companies are concerned, each director’s certified e-mail address must be notified together with the incorporation deed or when the company’s certified e-mail address is notified;
  • in relation to companies incorporated before the entry into force of the Law, the obligation must be complied within 30 June 2025.

In case of failure to notify director’s digital domicile, the Register will suspend the registration process, granting the company a period of maximum 30 days to complete the missing information; in case of non-compliance, the relevant registration will be rejected.

Newsletter n. 106 – April 2025