Extension Of Company Management By Commission Cooperativaedilizia "the New Hope", In Avellino.

Original Language Title: Proroga della gestione commissariale della societa' cooperativaedilizia «La Nuova Speranza», in Avellino.

Read the untranslated law here: http://www.gazzettaufficiale.it/atto/serie_generale/caricaArticoloDefault/originario?atto.dataPubblicazioneGazzetta=2015-02-25&atto.codiceRedazionale=15A01247&elenco30giorni=false&atto.tipoProvvedimento=DECRETO

The DIRECTOR GENERAL for the supervision of the cooperative system and commissarial managers Viewed the art. 12 of Legislative Decree of August 2, 2002, # 220; Visto l'art. 2545-sexiesdecies c.c. Having regard to the Legislative Decree No. 165/2001, with particular reference to art. 4 subsection 2; Having regard to the Decree of the President of the Council of Ministers December 5, 2013, # 158, embodying the organisational regulations of the Ministry of economic development, for the responsibilities of supervision of cooperative; Having regard to law No. 241/1990 and subsequent modifications and integrations; Seen on 4 January 31, 2014 no/SGC/D.D. of 2014 by which society cooperative housing "the new hope" based in Avellino was placed under management by Commission pursuant to art. 2545-sexiesdecies c.c. for twelve months and dr. Francis was appointed Government Commissioner Jewel ne; Noted that the municipality of Avellino has granted performing cooperative, with special agreement, the plot of land intended for the realisation of economic and popular housing be assigned to members who meet the requirements of law in ten-year lease agreement for future assignment in property; Noted that the cooperative has received capital funding of Campania euro 21,000.00 for accommodation realizing in Avellino two programs builders: 15 accommodation in contrada bows and 40 lodgings in via g. circular; Noting that for the 52 members was found in possession of assignees subjective requirements necessary for the recognition of the capital contribution of € 21,000.00 for accommodation from the region of Campania; Noting that to complete the practice with the Campania region and collect the residual credit, you must assign the # 3 free housing to members who have the personal qualifications expected by funding scheme; Taking note of the report of October 30, 2014 as illustrated by the Government Commissioner, describing the data verification from accounting operations of the cooperative, on several years ', start to represent clearly and truthfully the asset and in particular economic situation: analysis of the payments made by the shareholders, differentiated by nature of expenditure, such as deposits in account construction administrative expense account payments and charges, monthly charges and payments made to any other title;
reconnaissance of financial resources at the disposal of the cooperative, including also the non-repayable financing and bank loans to assets of the Campania region;
detection of a serious omission in terms of application of VAT on the successful conclusion of the rental agreement # 48 acts future assignment in property; This breach was remedied by issuing an invoice for such acts of burdened with VAT, without any sanction on cooperative; Having regard to the report of January 9, 2015 received at the date January 23, 2015 Government Commissioner calls for an extension of its mandate in order to define certain tasks still by the cooperative; 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: define the completion of urbanizations of 15 lodgings of Contrada Arcs through the conclusion of a specific contract;
resolve the dispute pending before the Court of Avellino in relation to enforcement proceedings brought by real estate company Project Home Construction S.r.l. by subscribing to a settlement that includes the conversion of the attachment (request for conversion already adopted by the Court of first instance) on # 6 properties in the cooperative, against payment of the total amount of euro 120,000.00 using the amounts already set aside, without burdening on shareholders;
define with the Campania region practice for determining personal qualifications of members, in order to allow the final distribution of capital contribution;
sign an agreement with the major creditor of the cooperative-Ing. Pompilio Garcia-which guarantees the satisfaction of the creditor and that, at the same time, protects members from unnecessary and burdensome economic outlays;
evaluate with the cooperative lawyers an opportunity to undertake a responsibility in respect of the previous administrators;
Decrees: Art. 1 the management company commissarial cooperative housing "the new hope" based in Avellino, C.F. 06449980637, it is extended until June 30, 2015.