di Monica Pereno*
È entrato in vigore non senza provocare qualche scossa, almeno tra gli addetti ai lavori, il Decreto del MEF 23 novembre 2020, n. 169, che detta il «Regolamento in materia di requisiti e criteri d’idoneità allo svolgimento dell’incarico degli esponenti aziendali» di banche, intermediari finanziari e altri soggetti operanti nel settore del credito.
Sette anni per dare attuazione alla Direttiva UE 2013/36 che – riconoscendo il nesso causale tra le carenze del governo societario, l’assunzione imprudente di rischio nel settore bancario e il fallimento di diverse banche (con conseguenti problemi sistemici in Europa e nel mondo) – ha chiesto agli Stati Membri, tra l’altro, di assicurare la «diversità nella composizione degli organi di gestione».
È ormai incontestabile, infatti, che soltanto la sufficiente diversificazione per sesso, così come per età, provenienza geografica e percorso formativo e professionale, favorisce l’indipendenza delle opinioni e il senso critico. E favorisce il risparmio: secondo uno degli studi condotti dalla Cass Business School su un limitato campione di 146 infrazioni contestate a Banche americane con una forte rappresentanza di donne nei propri board, sono stati risparmiati 7,48 milioni di dollari all’anno in termini di minori sanzioni per infrazioni regolamentari.
Con l’art. 11 del Decreto, l’Italia si è infine dotata di uno strumento normativo che richiede espressamente a tutti gli istituti di credito, anche a quelli non quotati, di operare in modo tale da assicurare la board diversity, tanto negli organi di amministrazione quanto in quelli di controllo.
A oggi, nelle banche quotate – in cui si applica la Legge Golfo-Mosca – la presenza femminile negli organi amministrativi si attesta al 37%, mentre nelle banche non quotate è ferma al 15% (fonte: Osservatorio Interistituzionale sulla partecipazione femminile negli organi di amministrazione e controllo delle società italiane).
Dovremo attentamente monitorare, al prossimo rinnovo degli organi, come il nuovo precetto normativo sarà attuato: poiché le banche italiane sono 392 (di cui solo 22 quotate), sarebbe legittimo attendersi, nel prossimo triennio, un incremento di oltre 700 cariche ricoperte da donne (senza calcolare le banche quotate).
Visto che la previsione normativa non prevede esplicite sanzioni in caso di non conformità, l’ottimismo potrebbe non essere ben riposto. Speriamo di essere smentite.
*Avvocato del Foro di Torino
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