Read the untranslated law here: http://www.gazzettaufficiale.it/atto/serie_generale/caricaArticoloDefault/originario?atto.dataPubblicazioneGazzetta=2015-02-05&atto.codiceRedazionale=15A00710&elenco30giorni=false&atto.tipoProvvedimento=DECRETO
The DIRECTOR GENERAL for the supervision of the cooperative system and commissarial managers Viewed the art. August 2, 2002, 12 of Legislative Decree n. 220; Visto l'art. 2545-sexiesdecies DC; Having regard to the Legislative Decree No. 165/2001, with particular reference to art. 4, paragraph 2; Having regard to the Decree of the President of the Council of Ministers No. 158 of December 5, 2013, "organisational regulations of the Ministry of economic development"; Having regard to law No. 241/1990 and subsequent modifications and integrations; Having regard to the D.D. of December 30, 2013 # 66/SGC/2013 with whom the societa ' cooperativa "Societa ' Cooperativa Sociale" established in Lecce, it was placed under management by Commission pursuant to art. 2545-DC sexiesdecies, for a period of 12 months and the lawyer. Fernando White was appointed Government Commissioner; Considered as illustrated by the Government Commissioner with the application for extension and the report of the December 29, 2014, acquired on December 31, 2014 with Protocol 0228986, which are here referred to, with whom the Government Commissioner calls for an extension of its mandate; Noting that the Commissioner had already represented, with previous notice of September 17, 2014, the difficulties to take over documents related to Guild because the institution did not appear anymore at the registered office resulting from certificate of incorporation; In addition, the President of ente, unknown result to personal home address, had been declared unavailable by proving your registry office of Lecce; Noting that as a result of information collected at the municipality of Lecce-General Register Office, the Commissioner had found a new one of advisers Mr. Alexander Capoccia, who, after an ineffective communication sent by registered mail by the recipient and ritual uncollected returned to sender for accomplished formal extrajudicial Act of formal notice, sent stock and formal notice dated June 19, 2014 to get delivery of the documentation of the institution; Given that the Government Commissioner was able to acquire the documentation of the cooperative on July 14, 2014, and that the record of delivery in the same show that the councilman said he had never participated in the management of the cooperative and not be aware of the debt situation and surplus nor the State of litigation because it was called by the cooperative only to work; Given that the Government Commissioner, examining the documentation of the institution noted that:-the book of minutes of the meetings is the approval of the financial statements at December 31, 2012 that, though, is not filed with the commercial register of Lecce;
-from the book "accounting operations" upgraded to March 31, 2013 were the following activities and liabilities: capital equipment totalling €13,966.87 (fully amortized and consist of various equipment and vehicles) that have not been found; Receivables from the municipality of Lecce for €10,000.00 generically referred to as a check to be made; cash on hand for €84,667.04 that is not reflected reality; Given that the aforementioned directorial Decree of December 30, 2013 # 66/SGC/2013 with whom the societa ' cooperativa "Societa ' Cooperativa Sociale" established in Lecce, it was placed under management by Commission pursuant to art. 2545-sexiesdecies c.c. foresaw that the Commissioner were to proceed to the revision of the articles of Association, regularize the situation relating to the fee revision of the 2011-2012 biennium and the paying-up of 3% on trading profits achieved in the year 2010; Given that the financial statements at December 31, 2011 closed with a net income of €4,910.00, and therefore must be made, payment of 3% of net income mutual funds; Considered the need to extend the above management Commissioner to pursue steps for the regularization of the operation of the company management, including in particular:-proceed to amendments removing the restriction on the maximum number of members, currently set at 19;
-restore the social structure in accordance with current legislation;
-check the corporate and accounting in the light of the situation emerged from the accounts found that show a gap between how much the same reported and what is actually found in the availability of the institution;
-proceed with the payment of 3% operating earnings achieved in the year 2011;
Decrees: Art. 1 the management company commissarial cooperative "light Societa ' Cooperativa Sociale a r.l." based in Lecce, C.F. 03496760756, it is extended until June 30, 2015.
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