Partecipazione a distanza agli organi di amministrazione e controllo delle s.p.a. e governo dei rischi d'impresa

The Author examines the problems involved by remote participation in the meetings of the management and control bodies pursuant to Articles 2388 and 2404 of the Italian Civil Code. It is underlined the lack of equivalence between participation in person and by means of electronic communication in the top bodies’ meetings, especially of public listed and financial companies. This is argued by the regulation of collective supervisory, management and risk control activities and its most recent national and European developments. The study identifies the criteria and formulates the proposals that can guide and integrate the by-laws provisions and the organizational structures of the joint stock companies in regulating the matter.