L'esercizio abusivo di attività finanziaria: il caso della dilazione di pagamento nei contratti di compravendita

The note analyses the decision issued by the Appeal Court in Caltanissetta, concerning a case of non-bank financial abuse, as outlined and sanctioned within art. 132, Consolidated Law on Banking (Testo Unico Bancario). After expanding on the much-discussed issue relating to the identification of those required to enroll in the dedicated register, pursuant to art. 106, par. 1, CLB, and art. 132, par. 1, CLB, the author moved onto analyzing different forms of grant funding. Specifically, they question whether a free payment extension, granted directly by a vendor, would constitute a form of private funding to licensed operators, enrolled in the non-bank financial intermediaries register, pursuant to art. 106, CLB. The Appeal Court has provided a negative response to the question, ruling that the activity, as described above, does not constitute a criminal offense.