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The rule on building bonuses changes: the government’s choice on banks

The rule on building bonuses changes: the government’s choice on banks
Written by aquitodovale

The latest provisions included in the Aid decree (approved by the Council of Ministers of Mario Draghi at the beginning of May) provide for a change in the rules on transfers of building bonuses: it is a variation of direct interest thousands of businesses and companies throughout Italy, as well as a series of banking and credit institutionswhich will have to quickly align with the new provisions.

In fact, in the text approved by the members of the Executive, the rules for the assignment of credits still vary: the green light has arrived to give them to “professional account holders“But only for credits communicated for the first time starting from 1 May last.

Aid Decree, what changes for building bonuses: who are the authorized customers and what role do the banks have

The indication of the watershed date at the beginning of the month, however, is not reported in article 14 of the decree itself (number 50 of 2022), which contains the main provisions on the matter and disciplines them, but has been hidden by ministerial technicians between the folds of the documentprecisely in Article 57, which however contains resolutions and regulations that also concern completely other areas.

A move in contrast with what has been seen in previous decrees of equal form and content, where the changes were relegated in toto in one articlein order to make it less complicated for the implementation of the same trade associations and patronageswho in fact formally protested through their representatives.

The latest provisions of Aid decree allow banks and banking group companies to sell building bonuses to the so-called “professional account holders“, But they become applicable only to credits deriving from the discount on invoice or precisely from credit assignment. Beyond the many other bureaucratic quibbles included in the text, this is the main novelty of interest the activity of credit institutions and – consequently – the construction companies themselves.

Building bonuses, the new standard: who are the professional customers?

However, many wonder who these really are “professional account holders“.

To explain it, reference must be made to resolution number 20307 of February 15, 2018 (approved by the then Gentiloni government) and in particular to attachment 3, which reads as follows: “This category includes the customer who owns experience, knowledge and competence necessary to make conscious decisions in the field of investments and to evaluate correctly the risks it assumes“.

Specifically, the subjects who are required to operate in the financial markets (be they Italian or foreign) are among those present in this list:

  • banks and credit institutions
  • investment firms
  • other authorized or regulated financial institutions
  • insurance companies
  • collective investment schemes and management companies of such schemes
  • pension funds and management companies of such funds
  • commodity and commodity derivatives dealers on own account
  • subjects who exclusively carry out trading on their own account on financial instrument markets and who indirectly adhere to the settlement service, as well as to the clearing and guarantee system (among the experts they are defined as “locals”)
  • other institutional investors
  • stockbrokers

Even the large enterprises they are considered professional clients, even if they work for them further specific rules provided for at the regional level.

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