With Decree Law No. 159/2025, published in the Official Gazette No. 254 of October 31, 2025, and effective as of the same date, the Government has made a series of regulatory changes which, despite what is suggested by the title of the measure – ‘Urgent measures for the protection of health and safety in the workplace and in the field of civil protection’ – affect the obligation for company directors to communicate their certified email address as provided for in Article 1, paragraph 860 of Law No. 207/2024, shedding light on some controversial issues regarding the application of this requirement.
This Nova limits its intervention to the provisions of the aforementioned decree relating to the obligation in question, leaving the analysis of the other provisions contained therein to a subsequent intervention.
The obligation to communicate
With regard to the subjective scope of application of the requirement laid down in the aforementioned Article 1, paragraph 860 of Law No. 207/2024, Article 13, paragraph 3, letter a) of Decree Law No. 159/2025 provides that the obligation to communicate the digital domicile at the time of first registration in the register of companies is addressed, alternatively, to i) the sole director, ii) the managing director or, failing that, iii) the chairman of the board of directors (BoD).
Therefore, according to a literal interpretation of the provision, directors who do not hold the position of sole director, managing director, or chairman of the board of directors are excluded from this obligation.
The certified email communication
As mentioned in the introduction, with the legislative measure in question, the Government resolves some interpretative doubts that arose in practice regarding the possibility that the digital domicile of the director communicated together with the application for registration submitted to the register of companies may coincide with the digital domicile of the company itself.
Confirming the position of the Ministry of Enterprise and Made in Italy (note no. 43836 of March 12, 2025), Article 13, paragraph 3, letter b) of the decree in question provides that the digital domicile of the director cannot coincide with the digital domicile of the company.
Deadline for fulfilling the obligation
The aforementioned provision establishing the obligation in question did not expressly indicate a deadline for its fulfillment, making it necessary for the Ministry to intervene and set a deadline of December 31, 2025, for fulfilling the obligation.
The decree in question (Article 13, paragraph 3, letter b) also confirms this deadline, crystallizing at the regulatory level what had already been established at the ministerial level.
We remain available for any clarification.