La nuova direzione e coordinamento del gruppo bancario di credito cooperativo

The law n. 49/2016 (implementing with EU Directive 2014/59 and of Reg. No. 1024/2013) has imposed the mandatory membership, under a cohesion agreement, of all cooperative credit banks to a group subject to the direction and coordination of an holding company whose powers could be as intensive as to interfere in the operations of strategic importance of the individual companies, assuming a role of trategic supervision, financial management and control over the affiliated banks. This article attempts to verify the compatibility of the cooperative credit bank’s model, as designed by the reform, with the preservation of the type in the light of the implementation of the reform which seems to favor the pursuit of stability and prudential supervision, with weakening of the coopera tive type’s characteristics, in favor of the share model. The cohesion contract underlines problems of reconditioning the management and coordination activity to the type of unitary management envisaged by art. 2497 of the Italian Civil Code.