Revocation Of The Management Board Of The Company Cooperativaedilizia Millenium», In Barletta And Appointment Of Commissariogovernativo.

Original Language Title: Revoca del consiglio di amministrazione della «Societa' cooperativaedilizia Millenium», in Barletta e nomina del commissariogovernativo.

Read the untranslated law here: http://www.gazzettaufficiale.it/atto/serie_generale/caricaArticoloDefault/originario?atto.dataPubblicazioneGazzetta=2015-04-07&atto.codiceRedazionale=15A02517&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 of the civil code; Having regard to the Legislative Decree No. 165/2001, with particular reference to art. 4, paragraph 2; Having regard to law No. 241/1990 and subsequent modifications and integrations; 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 '; Noted that on October 29, 2013 had been placed an extraordinary inspection, concluded on December 27, 2013 with the proposed management Commissioner, based on the fact that the cooperative had put in place an attitude of total obstruction to perform the duties of the public supervisory authority and that the inspectors had been able to verify only irregularities found by Chamber of Commerce and ensure a clear situation of conflict that exists within the partnership; Noted that on May 5, 2014 and placed a new extraordinary inspection in order to fully carry out all the investigations related to the extraordinary supervisory activities which were not allowed during the previous inspection access; Having regard to the results of the extraordinary inspection report completed in January 22, 2015 date from which have emerged at the expense of SOC. Coop. «Societa ' cooperative housing Millenium», based in Barletta (BA), the serious management irregularities, precondition for the adoption of this measure, including: failure to call an extraordinary meeting aimed at deliberating amendments to the articles for the applicability of the system of S.p. A motivated by passing the parameters referred to in art. 2519 of the civil code;
failure to appoint the Board of statutory auditors;
violation of art. Civil Code 2429 organ reporting controller;
failure to notify the Registrar of companies of the transfer of the registered office;
violation of art. 2367 of the civil code for not having convened a subsequent meeting of the shareholders;
exclusion of members ' dissenters ' by some work of the Assembly relating to the approval of the budget 2013, as well as resulting from service report compiled by agents of the State Police Commissioner of Barletta;
non-submission of reports provided for by the regulations of art. 13, paragraph 10, point c) of law No 59/92;
lack of effectiveness of the social base detected on the basis of admission in the shareholder structure of members of tenants who do not participate in the mutual exchange with the Agency because it does not contribute to the achievement of the corporate purpose;

lack of proper bookkeeping. Noted that on February 10, 2015 being submitted by the legal representative, a note of counterclaims on the inspection report gained prot. # 0018611; Noting that in the note of counterclaims is objected on the reasons for the extraordinary new inspection initiated by PUT//in order to dispute moves by surveyors and relative: the non-appointment of the Board of Auditors, to the low level of internal democracy and in particular to the exclusion of dissenting members from the work to approve the financial statements, the conflict of interest of the dissenting shareholders who counsel at the same time, buyer, promissario to the assumption violation of art. 17 Legislative Decree 200/2002, the dispute in respect of the admission of members of tenants; Considered that art. 32 of the staff regulations, regulating the appointment of the Board of Auditors rather than single auditor, States that ' the Board of Auditors also exerts control accountant»; This appointment was, therefore, necessary because in order to exercise the audit, as provided for by art. 2409 of the civil code; the failure to appoint the Board of statutory auditors has also resulted in the violation of art. 2429 of the civil code which provides that reports of the auditing clerk organ should accompany the financial statements; Given that inspection findings shows that the complaint moved from inspectors about the low level of internal democracy and in particular about the exclusion of dissenting shareholders by approving the budget it was comforted by the service report filed on May 30, 2014 State police agents of the Commissariat of Barletta have intervened repeatedly, together with the staff of other wheel , to the police and the local police in the place where it was held the meeting to approve the financial statements for the 2013 to allow access to the sala dei dissenting members and to quell the attacks; Considered irrelevant by unfounded the plea regarding the alleged conflict of interest manifested by an associate buyer housing promissario it is also counsel dissenting members because, as your partner, have legitimately offered his willingness to represent in court over their own interests and those of other members dissenting; Given that the admission in 2013 of 23 members tenants (7 of which were subsequently withdrawn in 2014) has impacted negatively on the economic situation of the institution, already greatly compromised by the difficulties of finding the necessary funding to complete the social building, since they do not participate in the payment of quota in construction account but only the paying-up of capital and management expenditures as stated by the same legal representative; Consider, also, that when participating in the contest organized by the municipality of Barletta for assigning areas to carry out the project building the cooperative has assured the destination of 14.34% of total volume in soci tenants and that the plan would allow the body's overall building 55 maximum 9 target rental housing, targeting older members 9 as seen from the shareholders ' register, and that such arguments conclude the inspectors lack of mutual exchange with those members; Considered, finally, that the participation of the partners tenants ' meetings which were held was high percentage, thereby useful majorities to get the approval of the financial statements; Having regard to the Ministerial 0018484 note sent by PEC on February 10, 2015 with which this Office, in accordance with art. 7 of law no 241 August 7, 1990, notified the cooperative, launching the administrative procedure for the adoption of the measure under art. 2545-sexiesdecies of the civil code; Given that no rebuttal following the communication to initiate the procedure which provided for a period of 15 days to submit any observations; Given the favourable opinion in March 11, 2014 date from the Central Committee for cooperatives provided for in art. 4, paragraph 4 of the Decree of the President of the Republic May 14, 2007, # 78;
Decrees: Art. 1 the Board of Directors of the Soc. Coop. «Societa ' cooperative housing Millenium», based in Barletta (BA), C.F. 05463410729, founded on November 26, 1999 is revoked.