Forced Liquidation Of The Automobile Club Of Ragusa.

Original Language Title: Liquidazione coatta amministrativa dell'Automobile Club di Ragusa.

Read the untranslated law here: http://www.gazzettaufficiale.it/atto/serie_generale/caricaArticoloDefault/originario?atto.dataPubblicazioneGazzetta=2015-03-13&atto.codiceRedazionale=15A01785&elenco30giorni=false&atto.tipoProvvedimento=DECRETO

The MINISTER of heritage and cultural activities and tourism in consultation with the Minister of economy and finance having regard to law no August 23, 1988. 400, establishing a discipline of government activity and the organisation by the Presidency of the Council of Ministers; Having regard to the Legislative Decree of October 20, 1998, no. 368, as amended, laying down ' institution of the Ministry of heritage and cultural activities in accordance with art. 11 March 15, 1997, law n. 59 '; Having regard to the Legislative Decree July 30, 1999, # 300, as amended, laying down the reform of the Government in accordance with art. 11 March 15, 1997, law # 59; Having regard to the Decree of the President of the Council of Ministers June 4, 2013, with whom the Minister for cultural heritage and activities has been delegated to exercise State functions of promotion, programming, address and coordinate all activities and initiatives, including regulations, as well as any other power granted by the current provisions to the President of the Council of Ministers on tourism; Visto l'art. 1, paragraph 2 of the law June 24, 2013, # 71, which were transferred to the Ministry of heritage and cultural activities the duties performed by the Presidency of the Council of Ministers, on tourism, changing the name to the Ministry of heritage and cultural activities and tourism; Having regard to the Decree of the President of the Republic February 21, 2014 by which the Hon. AVV. Dario Franceschini was appointed Minister of heritage and cultural activities and tourism; Having regard to the Decree of the President of the Council of Ministers in August 29, 2014, n. 171 laying down organisational regulations of the Ministry of heritage and cultural activities and tourism, direct collaboration offices of the Minister and the independent performance assessment, in accordance with art. 16, paragraph 4, of Decree-Law no April 24, 2014. 66, converted, with amendments, by law June 23, 2014, # 89; Having regard to the Royal Decree of November 14, 1926, n. 2481, by which the Automobile club of Italy it was erected in charity; Having regard to the Decree of the President of the Republic September 8, 1950, # 881, as amended relating to the approval of the Statute of the Automobile club of Italy; See in particular art. 63, paragraph 3 of the Statute, as last amended by Decree of November 27, 2012, with regard to liquidation and dissolution of the Automobile club; Having regard to the Royal Decree of March 16, 1942, n. 267 laying "the discipline of the bankruptcy, the creditors of the receivership and forced liquidation '; Visto l'art. 15, paragraph 1 of Decree-Law No July 6, 2011. 98, converted, with amendments, by law July 15, 2011, n. 111, containing provisions relating to winding-up of rough and Commissioner; Having regard to the resolution adopted by the Executive Board at its meeting on July 11, 2013 of the Automobile club of Italy, and vigilante Administration formally transmitted with note prot. 2022/13 of September 2, 2013, signed by the President of the Automobile club of Italy, with which it has been proposed to administering vigilante the receivership of the Automobile club of Ragusa and its appointment of a liquidator under the provisions of art. 15, paragraph 1, of Decree-Law No 98 July 6, 2011, converted, with amendments, by law July 15, 2011, n. 111, and art. 63, paragraph 3 of the Statute of the Automobile club of Italy; Having regard to the note prot. # 14783 of Cabinet Office July 18, 2014, by which, among other things, it was returned to the Directorate-General for tourism policies the Ministerial Decree draft proposal of Commissioner aimed at winding up and administration of the Automobile club of Dubrovnik, with a request to take new and necessary insights in the context of the preparatory phase of the proceedings to be submitted for signature by the Hon Minister; Having regard to the note of the Directorate-General for tourism policies. # 3183 of September 2, 2014, with which, after several short streets, relations were represented to the Chairman of the ICA issues related to reiterations of proposed Commissioner of provincial Automobile clubs aimed at restoring the ordinary course of business issues, including the proposed Commissioner for the liquidation and administration; Having regard to the aforementioned note prot. # 817 of September 22, 2014, by which the President of ACI calls on the Directorate-General for tourism policies to respond quickly to the proposal for the appointment of a liquidator overtime for the purposes of forced liquidation of the Automobile club of Ragusa, pursuant to art. 15, paragraph 1, of law No 111 of the 2011 and subsequent amendments, formulated by the Executive Committee of ACI in the session of July 11, 2014, because the latter "it has long been devoid of any operation and did not make any kind of service in favour of the associative structure and users in General; the various initiatives taken and measures adopted in the past, even through repeated administrations of the commissarial, did not identify any possible prospect of rebalancing in the long term "and in which the President has decided to propose to the ACI Board vigilante who particularly suitable for the performance of duties of liquidator. Carlo Alessi, President of the Automobile club di Caltanissetta; Noted, as can be seen by the cited July 11, 2013 resolution of the Executive Committee of the Automobile club of Italy, of the situation of particular financial condition and asset criticality of the Automobile club of Ragusa and the substantial and increasing debt exposure of the same to the ACI, which, among other things, recorded a significant further worsening even during the financial year 2012; Noted, also of the continuing situation of administrative paralysis has long been in place at the Association, which does not carry out any operations, being devoid of employees and of administrative and control bodies; Considered, therefore, that the Automobile club of Ragusa is in a situation of criticality to ensure sustainability and carry out the essential functions delegated by statute at the same institution and that there is no possibility to identify appropriate solutions to retrieve the car club in Word to a State of properly and regularly features and operation; Considered, therefore, in view of the above circumstances, that the conditions for the application in respect of the Automobile club of Ragusa article. 15, paragraph 1, of Decree-Law No 98 July 6, 2011, converted, with amendments, by law July 15, 2011, # 111, containing provisions relating to winding-up of rough and corrupt; Considering that it is necessary to subject the Automobile club Ragusa to the forced liquidation provided for by art. 15, paragraph 1 of Decree-Law No 98 July 6, 2011, converted, with amendments, by law July 15, 2011, # 111; Considering that it is necessary to proceed to the appointment of the liquidator; Having regard to the requirements resulting from the OPP's resume Carlo Alessi, current President of the Automobile club di Caltanissetta;
Decrees: Art. 1 1 Subject to receivership. The Automobile club of Ragusa, a public entity subject to supervision by the State, established in Ragusa is subject to receivership.