Author: Roberto Brustia
It seems that mixed companies, set up or owned by Local Authorities, will play an outstanding role in the management of local public services and the changes introduced by the corporate law reform will have a significant influence on their structure and management models. A structural and organizational adjustment process is likely to take place, in order to improve overall management efficiency, governance structure and long-term relationships with the market, with the affected local communities and, more generally, with all the members. In this context, transparency will play an important role. In this scenario, this work starts with a brief analysis of the regulatory framework of local public services and the most relevant aspects of the new rules governing companies, focuses on operational and organizational issues related to the establishment of mixed companies, the methods of assignment of local public services, the implications regarding the organizational models to be adopted in accordance with Legislative Decree no. 231 of 8 June 2001, on the administrative liability of legal entities and companies, as well as on issues relating to the management of both inbound and outbound information flows. Through the analysis of the trickiest aspects affecting mixed companies, and assisted by a comparison with the best practices of listed companies, the most suitable solutions are presented to address the questions of those who work on a daily basis in the sector of local public services, and will be bound to apply the regulatory and cultural changes that are going to affect the sector’s regulation.