The socio-economic changes of the last decade have pushed the institutions to create innovative development processes. The green economy, the development of the Welfare society, the common goods ways of management, the enhancement of cultural heritage, the management of local public services are developed, on the assumption that there are large areas of social needs. New market challenges are opening up, and they need to be handled following an alternative model to the capitalistic one, which has led to the increase of the big wealth and to enormous growth of poverty and social disadvantages. Under a view of a social and supportive economy development, aimed to fulfill the needs of people, the Italian system recently supported the emergence of new forms of Entrepreneurship: social enterprise (d.lgs. 112/2017) and benefit companies (l. 208/2015). The first form of enterprise is governed in an innovative way, in the context of a general reform of the third sector, with the aim of promoting the not - for - profit companies which operate in the general interest and not only in the interest of the members who invested the assets. A type of enterprise that is structured around a specific model not only legal but also and above all value-related, which can be an instrument of social improvement and equitable distribution of wealth. The “legge di stabilità” law, of 2016 was intended to promote the constitution and the dissemination of corporate companies that, without prejudice to the purpose of splitting the profits among the subsidiaries (it’s about profit - enterprises), pursue an aim of "common benefit", or the improvement of the social and environmental context in which they operate. They are the benefit companies. The legal system has the objective to stimulate two different entrepreneurial forms, which are associated by the purpose of "social utility". The benefit to the community becomes the trademark of the two forms of enterprise. From this perspective, the market world and the not -profit world end up approaching themselves, in the hope that the positive elements of generating wealth and looking at the common good may bring new forms of sustainable development.

New development’s models into the Italian legal system: the social company and the benefit company.

Anna Lazzaro
2019-01-01

Abstract

The socio-economic changes of the last decade have pushed the institutions to create innovative development processes. The green economy, the development of the Welfare society, the common goods ways of management, the enhancement of cultural heritage, the management of local public services are developed, on the assumption that there are large areas of social needs. New market challenges are opening up, and they need to be handled following an alternative model to the capitalistic one, which has led to the increase of the big wealth and to enormous growth of poverty and social disadvantages. Under a view of a social and supportive economy development, aimed to fulfill the needs of people, the Italian system recently supported the emergence of new forms of Entrepreneurship: social enterprise (d.lgs. 112/2017) and benefit companies (l. 208/2015). The first form of enterprise is governed in an innovative way, in the context of a general reform of the third sector, with the aim of promoting the not - for - profit companies which operate in the general interest and not only in the interest of the members who invested the assets. A type of enterprise that is structured around a specific model not only legal but also and above all value-related, which can be an instrument of social improvement and equitable distribution of wealth. The “legge di stabilità” law, of 2016 was intended to promote the constitution and the dissemination of corporate companies that, without prejudice to the purpose of splitting the profits among the subsidiaries (it’s about profit - enterprises), pursue an aim of "common benefit", or the improvement of the social and environmental context in which they operate. They are the benefit companies. The legal system has the objective to stimulate two different entrepreneurial forms, which are associated by the purpose of "social utility". The benefit to the community becomes the trademark of the two forms of enterprise. From this perspective, the market world and the not -profit world end up approaching themselves, in the hope that the positive elements of generating wealth and looking at the common good may bring new forms of sustainable development.
2019
978-88-255-2084-2
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Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/11570/3147899
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