Il sistema dei controlli negli Enti del Terzo settore

This article analyses the system of internal controls in Italian Third Sector Entities (ETS) under Legislative Decree No. 117/2017 (the Third Sector Code), highlighting how the legislature has largely modelled the governance and oversight framework of non-profit entities on the corporate law regime applicable to joint-stock companies. The study examines the rationale underlying the adoption of a supervisory body inspired by the statutory auditors’ board (collegio sindacale), the conditions triggering the mandatory establishment of control functions, and the relationship between management oversight and statutory auditing. Particular attention is devoted to the scope of the supervisory body’s duties, including compliance monitoring, oversight of organisational adequacy, and verification of the entity’s pursuit of civic, solidaristic, and social utility purposes. The article further investigates the requirements of independence and professionalism of controllers, their investigative powers, and the remedial mechanisms available in response to managerial irregularities, including judicial control and liability actions. The analysis argues that the effectiveness of the control system depends on the ability to reconcile traditional corporate governance techniques with the distinctive institutional objectives of Third Sector Entities, ensuring accountability not only towards members but also towards the broader community of stakeholders whose interests these organisations are designed to serve.