Table of contents
Registration with the pagoPA platform
The pagoPA payment system is foreseen by article 5 of CAD (Digital Administration Code) specified by Leg. Decree 82/2005 and by law (pursuant to the combined provisions of art. 2, paragraph 2 of the CAD and art. 15, paragraph 5bis, of Leg. Decree 179/2012) all public administrations must make exclusive use of it, stopping the use of other payment collection systems.
Leg. Decree 179/2016 (G.U. (Official Gazette of the Italian Republic) 214 of 13.9.2016) and Leg Decree 217/2017 (G.U. no. 9 of 12.01.2018) respectively modified and corrected article 2, paragraph 2, of the CAD by including also public service operators and state-owned companies within the perimeter of the CAD, as defined in the legislative decree adopted in implementation of article 18 of law 124 of 2015, excluding listed companies.
Leg. Decree 175/2016, in article 2, letter m), defined the concept of a state-owned company. In particular, state-owned companies are defined as those companies in which one or more public administrations exercise powers of control pursuant to article 2359 of the Italian Civil Code, and specifically:
- the companies in which another company holds the majority of votes that can be exercised at an ordinary shareholders' meeting;
- the companies in which another company holds a sufficient number of votes to exercise a dominating influence at an ordinary shareholders' meeting;
- companies that are under a dominating influence of another company by virtue of particular contractual constraints with it.
Article 2359 of the Civil Code specifies that for the purposes of the application of numbers (1) and (2) as specified above, the votes held by subsidiaries, trust companies and third parties shall also be counted, but not the votes held by third parties. The companies over which another company exercises considerable interest are considered associated. Influence is assumed when at least one fifth of the votes can be exercised during the ordinary shareholders' assembly or one tenth if the company is listed on the stock market. Finally, article 2 of Leg. Decree 175/2016 further specifies that “Control exists also, in application of the law or statutory regulations or shareholders' agreements, if strategical financial and operational decisions regarding company operations require the unanimous consent of all parties who share control”.
Finally, it is specified that the entities who are obligated to use pagoPA, regardless if they are PA or public service operators or state-owned companies, when all requirements indicated in the extension letter are fulfilled (no exclusions), can make a request to PagoPA S.p.A. (via email to the address pagamenti@assistenza.pagopa.it), sending the properly prepared and digitally signed extension letter.
Payment Service Providers (PSP), such as banks, post offices, electronic currency institutes and payment institutes and any other entity enable to provide payment services, voluntarily register with the pagoPA system to provide their payment services to citizens and businesses.
Registration with the payments-SPC node is reserved to creditors and PSPs who intend to use the payments-SPC node directly or through an intermediary entity.
If the registered entity makes use of intermediary entities to perform the technical interfacing activities with the pagoPA platform, they still remain responsible as the logical sender or recipient of the information flows.
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For clarifications on implementation specifications, such as SACI and SANP, you can open an issue on GitHub