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San Marino tightens rules for high-tech startups under new innovation decree

New Delegated Decree overhauls criteria for high-tech companies backed by San Marino Innovation, raising employment thresholds and reshaping startup certification.

Delegated Decree No. 91 of 20 July 2026 has come into force, amending the regulations governing high-tech companies (IACT) under San Marino Innovation. Although still awaiting ratification by the Grand and General Council (Consiglio Grande e Generale), the measure is already fully in effect.

Among the key changes are new criteria for obtaining innovative company status. The period during which a company is considered newly established has been extended from 12 to 24 months, while a new rule now bans outsourcing the core of a company’s technological activity, except in specific cases. The previous “certification” system has also been replaced by an “attestation”, which retains annual validity and remains renewable.

The requirements for First-Level Technological Start-Ups have also changed: companies must now hold at least one of the following — patents or other intellectual property rights, technical-scientific qualifications relevant to the business project, or a shareholder and management structure made up of individuals under 30 years of age.

The decree also introduces new employment obligations: Second-Level Start-Ups will be required to employ at least two staff members, while Advanced Technological Start-Ups must employ at least three, with the risk of suspension or revocation of status in cases of prolonged non-compliance.

The changes also affect limits on profit distribution, strengthen the oversight powers of San Marino Innovation, and introduce new provisions on smart working, which can now be adopted as a standard mode of work. Finally, the decree provides for a simplified liquidation procedure for smaller companies and a transitional regime for businesses already holding attestation as of 19 July 2026, which will continue to operate under the previous rules until the end of their current programme — while being able to immediately take advantage of the new remote-working provisions.