In an increasingly complex institutional and entrepreneurial environment, public companies represent a strategic node: on the one hand, they pursue missions of general interest, on the other hand, they operate according to market logic.

At the’Rieti P.A. Academy a free in-presence course, structured over three days from 09.30 (accreditation at 09.00) - 13.30, which aims to provide participants with the tools to understand its nature, govern its dynamics and take control of it effectively and in accordance with regulations.

Learning objectives

• Understanding the logic and functioning of investee companies;
• Analysing corporate models;
• Knowledge of the regulatory framework;
• Define the relationship between the investee company and the public administration.

Recipients

Managers, officers, directors and auditors involved in the management of public holdings. 

 

Course structure:

First day - 22.01.2026

Legal framework and general rules

• Establishment of or membership in investee companies by public administrations:
  • the purposes of incorporation (Art. 4 Legislative Decree No. 175/2016);
  • the obligation to provide specific reasons (Article 5 of Legislative Decree No. 175/2016);
• Corporate models:
  • the in-house company, the mixed company and the publicly controlled company between MEF guidelines, case law, ANAC and the Court of Auditors;
  • the forms of entrustment of local public services of economic importance regulated by Legislative Decree no. 201/2022;
• The definition of entrustment processes in relation to investee companies
  • The demonstration of the conformity of the model, public service obligations and possible compensation for public services with economic relevance (report pursuant to Article 14, paragraph 3 of Legislative Decree No. 201/2022);
  • Article 17 of Legislative Decree No. 175/2016 and the case law regarding the procedures for choosing the operating private partner for the joint enterprise (dual-object tenders).
• In-house companies in the light of the new Public Contracts Code, legislative decree no. 36/2023

Second day - 05.02.2026

The directors of investee companies and the powers of control and direction of the shareholder body in practice: the case of Civitavecchia Servizi Pubblici sr

• The Statute and the birth of the company;
• Directors and the rules for the composition of the governing body (Art. 11 Legislative Decree No. 175/2016). The appointment process: addresses and designation or direct appointment and the prerequisites for revocation;
• The crisis of the company and the recovery plan;
• The guidelines of the Shareholders' Meeting and those of the City Council: recapitalisation of the in-house company and strategies for capital utilisation;
• The rules for interactions between shareholder entity and investee company:
  • The role of analogous control and the controls on management performance determined by Article 147 and subsequent provisions of Legislative Decree No. 267/2000.
  • Analysis of the control system: monthly and quarterly reports.
  • Limits to shareholder interference in management;
• Service contracts:
  • The resolution to entrust the service (ex. Art. 17 dlgs n. 201/2022);
  • the conclusion of the service contract;
  • the configuration of the general (detailed) scheme of the service contract for local public services with economic importance in Legislative Decree no. 201/2022 and the adjustment of service contracts to inflationary phenomena;
  • the verification of the correct execution of the service and the analysis of performance;
• Analysis of public procurement, corruption prevention and transparency obligations:
  • In-house companies: the awarding of contracts in the light of the new Public Contracts Code Legislative Decree no. 36/2023;
  • Analysis of the relationship between MOD 231 and the Prevention of Corruption Plan;
  • Practical elements for setting up a compliance checklist;
• The analysis of disputes and their management.

Third day - 16.02.2026

Models for the construction of in-house entrustment. The company between public law and enterprise. Practical examples

• Assessment of the factual characteristics of the reference market pursuant to Article 14(2) of Legislative Decree 201/2022. Verification of market conditions and economic sustainability and of the qualitative element;
• Deliberation of the choice in house or public evidence and report pursuant to Article 14(3) of Legislative Decree 201/2022;
• Drafting the time schedule and guidelines;
• In-house company capital between public funding and prevalence of activity;
• Personnel management between operational limits, publicity constraints and sectoral CNNL.
• The entrepreneurial management of the investee company:
  • Market Drive and Reaction Systems to Exogenous Phenomena ;
  • Finding resources outside the service contracts: the example of the special Porto-Stazione line
  • Strategies for cost containment and asset enhancement.
    • Increasing staff soft-skills, research, development and Industry 4.0.
    • Calls for tenders: notions of euro design
  • Marketing strategies and enhancement of the public model
• Opportunities and future of investee companies

The training activities will take place from 09.30 a.m. (accreditation at 09.00 a.m.) - 1.30 p.m., at the Broccoletti conference room, via Foresta,1, 02100, Rieti.