The Decree of the President of the Council of Ministers of August 1, 2022, No. 133, has been published in the Official Gazette No. 211 of September 9, 2022, which enacts the Regulation governing the coordination activities of the Presidency of the Council of Ministers functional to the exercise of special powers (golden power) provided for by Decree-Law of March 15, 2012, No. 21.
Decree-Law of March 15, 2012, No. 21, established the golden power authority vested in the Government in order to protect the ownership structures of companies operating in sectors considered strategic and of national interest. The Government has, for this purpose, special powers of veto or to impose particular commitments and conditions on the acquisition of shareholdings in companies considered strategic, while enterprises managing strategic assets, and also acquiring parties, have notification and information obligations with respect to resolutions, acts and acquisition transactions.
The new Regulation, which will enter into force on September 24, better coordinates the activities preparatory to the exercise of the special powers of golden power and the activity of the responsible offices. In order to expedite the investigation process, the Regulation establishes a Coordination Group and describes in greater detail the tasks of the Department for Administrative Coordination. Furthermore, a new pre-notification procedure is provided, to allow, for example, interested enterprises to request whether the acquisition they are about to make is subject to the rules on the protection of strategic assets.