The balance of financial year 2023 of joint-stock companies, once approved by the shareholders’ meeting, must be filed at the competent company register. The deposit must take place in 30 days from the date of approval of the financial statements.
In this regard, it should be taken into account that:
- the holidays must be counted in the calculation of 30 days;
- the 30 days pass from the next day to the approval of the budget;
- if the deadline falls on a Saturday, Sunday or other public holidaythe submission deadline sled to the first following working daypursuant to thearticle 3, Presidential Decree 558/1999;
- in the event that the budget is approved in second callthe 30 days for deposit start from date on which it occurred.
It follows that, for example, if the budget for the 2023 financial year was approved on 24.4.2024the deadline for filing the same the next one expires 24.5.2024.
The budget must be sent in XBRL formaton the basis of the so-called taxonomy, in order to standardize the classification of accounting items. There taxonomy to be used for the formation of XBRL instances for 2024 is the “2018-11-04”.
The budget must necessarily contain the Balance sheetThe Income statementthe Supplementary note and the Financial statement. However:
- the companies that prepare the financial statements in abbreviated form, pursuant to thearticle 2435-BIS civilI am exempted from drafting the financial statement;
- the microenterprises former article 2435-ter civil I am exempted not only from the drafting of the financial statement but also from the drafting of the explanatory notesif they are reported at the bottom of the balance sheet the information referred to in numbers 9 and 16, of paragraph 1, of article 2427, cod. civil
In the event that the current taxonomy is not considered compatiblefor the particular company situation, with the principles of clarity, correctness and truthfulness referred to inarticle 2423 cod. civili accounting statements (Balance Sheet, Income Statement and Cash Flow Statement where applicable) and/or the Notes to the Financial Statements can be attached in PDF/A format to the filing procedure, in added to the XBRL format file (so-called “double deposit”). In this case, it is advisable to report the reasons for the double deposit in the “Declaration of conformity” of the section “Declaration of compliance of the financial statements” of the XBRL format, using the following formulation: “It is hereby declared that the Balance Sheet, Income Statement, Cash Flow Statement and/or Explanatory Notes are drawn up in a manner that does not comply with the Italian XBRL taxonomy as the same it is not sufficient to represent the particular company situationin compliance with the principles of clarity, correctness and truthfulness referred to in article 2423 of the civil code”.
In case of differences exclusively formal and not substantial between the document approved at the meeting and the financial statements in XBRL format, However, a double deposit is not necessarysince there is no risk of nullity of the meeting resolution, pursuant to thearticle 2434-BIS code civil; this in light of the sentence of 24.8.2000 of the Court of Appeal of Turin according to which “There is no nullity if the violation is substantially irrelevant, as it lacks consistency, therefore merely formal, immediately perceivable or easily corrected following the information provided at the meeting”.
The deposit of the balance sheet must be made:
- to the competent Company Registeridentified based on the location of the registered office (in the case of a company or consortium) or secondary office (in the case of a foreign company);
- on the way telematics or up Informatic support complete with digital signature. No paper form or document may be submitted.
The deposit is subject to payment of administrative fees Of 90.00 eurosin the case of filing made on computer media, or of 62.40 euros, in case of electronic filing. Furthermore, the tax is due stamp to an extent equal to 65.00 euros.
