L'art. 2409 c.c. e il ruolo del collegio sindacale

[Autom. eng. transl.] Judicial control over the management of joint-stock companies is a remedy dating back to the 1882 commercial code and maintained, with significant modifications, both in the civil code of 1942 and on the occasion of the reform of the 2003 company law. One of the novelties of 2003 consists in the attribution to the internal control body of all the spa of the right to present the complaint pursuant to art. 2409 of the Civil Code, while at the same time reducing the scope of the powers of the public prosecutor. The essay analyzes the extent of this change in relation to the structure of corporate controls and relations between bodies in the three models of administration and control required by law. The centrality of the role of the supervisory body in the context of corporate governance is confirmed and at the same time its insufficient valorisation in the practical application is noted.