SAN MARINO – “The Delegated Decree no. 91 of 20 July 2026, which introduces substantial changes to the Delegated Decree no. 101/2019 relating to high-tech companies (IACT) of San Marino Innovation, is in force from the date of its promulgation. The text is currently awaiting ratification by the Great and General Council, but all the provisions are already fully applicable”. SM Innovation explains it, which continues: “Among the main innovations, the requirements for access to IACT status change: the period within which a company is considered “newly established” goes from 12 to 24 months, and a ban on outsourcing the essential core of the technological activity is introduced, except for accessory or highly specialized tasks. The “Certification” of the innovative character is renamed “Attestation”, but is always valid for 12 months and is renewable from year to year.
For First Level Technological Start Ups, at least one of the following alternative requirements is expected to be met: availability of patents or other intellectual property rights, possession of technical-scientific qualifications consistent with the business project by the founding members or the members and directors being under 30 years of age.
The minimum employment obligations also change: Second Level Start Ups must have at least 2 employees, Advanced Technological Start Ups at least 3, with the possibility of suspension or revocation of the status in the event of prolonged non-compliance.
The decree also sets new limits on the distribution of profits, differentiated by type of company and with a wider margin in the presence of work for equity contracts, and strengthens the supervisory powers of San Marino Innovation, which will be able to request more targeted documentation, report violations to the authorities, as well as suspend or revoke the status in the event of non-compliance or reputational damage. If on the one hand a limitation of the body’s liability for company certifications is introduced, on the other hand appeal to the Administrative Judge against suspension or revocation measures is envisaged.
Among other innovations, IACT companies will be able to adopt smart working as an ordinary way of working, and for small businesses a simplified liquidation procedure is envisaged, faster than the ordinary one, applicable in the presence of certain financial conditions and in the absence of debts or ongoing disputes.
For companies already in possession of the certification as of 19 July 2026, a transitional regime is envisaged: they maintain the status according to the previous rules until the expiry of the current program, but can already benefit from the new rules on smart working and simplified liquidation, while remaining subject to the new criteria for verifying the requirements”.
