The Decree of the Ministry of industry, Commerce and crafts, in consultation with the Minister of labour and social security, of June 23, 1999, # 252 (published in Official Gazette No. 180 of August 3, 1999), has regulated the granting of compensation to owners of neighborhood prepared by art. 25, paragraph 7, of the Legislative Decree March 31, 1998, # 114. With August 4, 1999 circular No. 903484 were provided clarifications and implementing provisions for the first activation of the granting of compensation and by Decree on the same date were fixed the time limits for the submission of applications for the granting of compensation with effect from 1 October 1999 and established methods of submitting applications. By Ministerial Decree of October 5, 1999 it was ascertained at the date of October 4, 1999 exhaustion of available funding and deadlines have been closed from the date of its publication in the official journal and I mean from October 7, 1999. By Decree of the Minister of industry, Commerce and handicraft of March 30, 2000 it was broken down by the year 2000 the Fund facilitating assistance to companies with an additional appropriation for the purposes of the said art. 25 of Legislative Decree No. 114 of 1998 amounted to 100 billion lire. As a result of the additional appropriation by Decree of the Minister of industry, Commerce and handicraft of April 12, 2000 (published in the Official Gazette No 99 of April 29, 2000), it was placed the examination of claims submitted before October 6, 1999, and I mean before the closing date of the periods referred to in the Decree of October 5, 1999 and, within the limits of the remaining resources , were reopened starting from June 5, 2000 the deadline for the submission of new claims. The claims submitted before October 6, 1999 will therefore be examined by the competent chambers of Commerce for their admission to the contributions; therefore such requests need not be produced. With this circular provides further clarification and implementing provisions for the reactivation of the granting of compensation in connection with the reopening of the terms starting from June 5, 2000. This circular replaces that previously enacted. 1. Beneficiaries and requirements. 1.1. The beneficiaries of the compensation are natural persons and persons holding company shareholders as of May 9, 1998, neighbourhood retail establishments authorized in accordance with art. 24 June 11, 1971, law # 426. 1.2. For neighbourhood exercises are intended, pursuant to art. 4, paragraph 1, point d) of legislative decree March 31, 1998, n. 114 and except as otherwise provided by the regions in accordance with art. 10, paragraph 4, of the same Decree, businesses having the date of May 9, 1998 sales area not exceeding 150 square meters in municipalities with less than 10,000 inhabitants and resident population to 250 sqm in municipalities with population exceeding 10,000 inhabitants. 1.3. the granting of compensation is subject to the following requirements exist on the date of application: a) termination during the period from May 9, 1998 and until May 8, 2000 retail activity;
b) return to the municipality in the same time period as per letter a) authorisation title to the exercise of the activity of retail in points 1.1 and 1.2. In the case of title more permissions to operate retail neighbourhood, the return should include all titles of which the subject possesses;
c) subscription, without interruption, for at least five years in management INPS for merchants commercial activity on the date of termination of the activity. 1.4. for the purposes referred to in item 1.3 Please note that: a) on the date of the end of the activity must be taken as a reference that could be derived from the register of companies;
b) by date of delivery to the common authorisation title must be taken as a reference that could be derived from the certificate of return issued by the city itself;
c) seniority contributory there must be at least five years, without solution of continuity, on the date of termination of the activity covered by the authorisation title returned. 1.5. Are not eligible for compensation: a) merchants retail activity on public area, wholesale and serving food and drinks;
b) owners of retail exercises in a different form from that neighbourhood as identified in section 1.2;
c) societies of capitals, even owners of retail neighbourhood exercises;
d) holders of neighbourhood retail exercises that have gone out of business and given back its title authorisation before May 9, 1998 and subsequent to May 8, 2000;
and retail establishments) owners who have received other benefits and/or compensation granted in relation to the cessation of the same activities for which it required compensation provided for by national laws, regional, autonomous provinces of Trento and Bolzano or by Community rules;
f) the persons under art. 4, paragraph 2 of legislative decree March 31, 1998, n. 114, excluded from the scope of the Legislative Decree, exercising even retail activity;
g) operators who have not matured a seniority pay, without solution of continuity, of at least five years before the date of cessation of activity. 1.6. with regard to members of society of people who claim it is stated the following: a) the partner seeking indemnification must cease any retail activities referred to in points 1.1 and 1.2, even as your partner in other companies by people of retail; must then withdraw from the company if the same hosts other activities referred to in points 1.1 and 1.2. The company, where proprietor more operating permits of commercial activity, it is obliged to cease the only retail activity covered by the authorisation title, remaining firm a chance to continue the other retail activities reported under whatever authorization;

b) the obligation to return the title to the common authorisation imposed on society;
c) contributory seniority requirement referred solely to partner seeking indemnification. 2. method of presenting applications and granting compensation. 2.1. from June 5, 2000 for the claim concerned shall submit to the Chamber of Commerce, industry, craft and Agriculture of the province in which was located the commercial operation or by registered mail with acknowledgement of receipt or hand-written question in good standing with the stamp duty and signed in the form of declaration in lieu of an act of notoriety in accordance with art. 4 of law January 4, 1968, # 15, using exclusively, even in photocopy, under pain of exclusion, the schema accompanied with instructions attached to this circular and can also be found on the website of the Ministry itself. Reference must be provided on the envelope "art. 25, paragraph 7, legislative decree March 31, 1998, n. 114-compensation for the cessation of commercial activities ". In case of presenting the Chamber of Commerce will hand receipt of submission. Will not be considered the questions submitted before June 5, 2000. The application shall be accompanied by a copy of the certificate issued by the city, to return the authorisation title for which indemnity is required. We repeat that are grounds for exclusion: a) completing the application on schema other than the one set by the Ministry of industry, Commerce and crafts;
b) failure, incorrect or partial filling fields marked as mandatory in the application form and instructions for completion;
c) any amendments to the printed text of the statements made in the module;
d) lack of signature and/or authentication in accordance. 2.2. where the application is flawed or without one or more of the requirements, the competent Chamber of Commerce, subject to the grounds for exclusion listed in paragraph 2.1, invites the applicant to regularize or to supplement the application, exclusively by registered mail with return receipt, within 30 days after the deadline of the which the request is denied. The rejection, however, does not preclude the submission of a further question. 2.3. In accordance with art. 3, section 11 of the Act May 15, 1997, # 127, as amended by art. 2, paragraph 10 of the law June 16, 1998, n. 191, concerning the method of authentication of signatures at the bottom of the questions of facilitation, it will be possible, as an alternative to the usual forms of notarial certification or through the officer of the registry office, submit applications the same enclosing a photocopy of a valid identification of the signatory. 2.4. Compensation is granted in relation to the restitution of a title only authorisation; Therefore, the recipient is entitled to a just compensation and must submit only one application, even if returns more Authorizers titles. 2.5. The Ministry of industry, Commerce and crafts, within thirty days from the date of presentation of applications, established through the Chambers of Commerce, completeness and regularity of such questions and check availability, financial grants compensation on the basis of the chronological order of arrival of requests actually received within the deadlines set and until all financial resources available. If financial occupancies do not allow a full grant of compensation in favour of applications received the last day, the Ministry of industry, Commerce and crafts applies a percentage reduction in equal measure. In cases of regularization or integration of the application as referred to in section 2.2, will be taken into account for the purposes of the chronological date of arrival of the required documentation. 3. Extent of compensation. 3.1. Compensation consists of a contribution that can vary from a minimum of 10 million pounds to a maximum of twenty million pounds depending on the total score calculated according to art. 3 of the Decree of the Minister of industry, Commerce and crafts, in consultation with the Minister of labour and social security, on the basis of the following elements: a) seniority for the exercise of the applicant: 1) 5 points, up to 10 years;
4 points, 10 2) years and one day to 20 years;
3) 3 points, from 20 years and one day to 30 years;
more than 30 years 1, 4 points);
commercial activity b) exclusivity of retail as a source of income: 1) points 5, uniqueness of retail business which work activities;
2) 1 points, not uniqueness of retail business which work activities;
3) points 3, plurality of licenses returned;
4) points 1, uniqueness of the permission returned;
c) balance sheet of the applicant: 1) taxable net income 1 points, greater than 40 million lire;
2 taxable net income greater than 3 points), twenty million pounds and less than or equal to forty million lire;
taxable net income 3) 5 points, less than or equal to twenty million lire;
d) type of activity: 1) 5 points, a quota;
2) points 1, not a quota. 3.2. Based on the overall score obtained the amount of compensation is determined as follows: a) and 15 points: b) 11 to 15 from 20 million lire points: lire quindici million c) up to 10 points: between ten million. 3.3. If the applicant is a member of society of people title holder authorisation delivered against which it required compensation, the amount of compensation and is related to the applicant company's stake. 4. Revocation checking. 4.1. In order to verify compliance with the requirements, the Ministry of industry, Commerce and crafts and the Chambers of Commerce taking advantage also of the Guardia di finanza, may make at any time, for a period of three years from the date of submission of claims, checks and inspections and have the waiver of compensation where :

the beneficiary is subject, even) as a member of society of people, so-called neighbourhood retail commercial activity, referred to in points 1.1 and 1.2, within three years from the date of submission of claims;
b) is ascertained at any time the absence of the conditions for access to the benefits declared by the recipient in the process of applying for compensation;
c) the recipient has received other benefits and/or compensation granted in relation to the cessation of the same activities for which compensation was granted under applicable laws at national, regional, autonomous provinces of Trento and Bolzano or community standards. 4.2. In case of revocation, even if placed after a formal waiver, the beneficiaries must return the compensation unduly received an amount plus interest equivalent to the bank rate applicable on the date of contribution. In cases of withdrawal referred to in paragraph 4.1 will be also applied, pursuant to art. 9 of legislative decree March 31, 1998, n. 123, a pecuniary administrative sanction consisting in payment of a sum to an extent by two to four times the amount of the compensation unduly benefited.
The Minister: Read