Organizational structures of third sector entities: A regulatory policy study

The paper analyses the internal organizational structures of third sector entities (TSE) and compares them with those of commercial enterprises. After defining the third sector in a comparative context, the article refers to the regulations in the Italian Third Sector Code (TSC) (Legislative Decree No. 117 of July 3, 2017). This regulation brings the discipline of the internal structure of non-profit entities closer to that of profit-making entities. Also, in the interpretation, some management issues of third sector associations are resolved through references to the Civil Code regulations. In conclusion, the paper highlights the similarities between the internal structure of commercial companies and TSE: the organs of commercial companies can be transposed to non-profit entities, provided that they do not betray their social function. The next few pages will be devoted to an analysis of some regulatory references to corporate law that have been included within the TSC. Next, two corporate institutions will be identified that are applied to third sector associations through the general referral in Article 3(2) of TSC. Finally, through the analysis of the differences with the liability regime of the management body between Book I of the TSC, the reasonableness of applying the rules of Book V of the Civil Code to non-profit entities will be highlighted.