Decree Law 179 05/11/2010 - Ratification Decree -Law 24 September 2010 162 - Harmonization Of Regulatory Framework At Its Subject Unsuitable E Ai Requirements For License D

Original Language Title: Decreto Legge 05/11/2010 N.179 - Ratifica Decreto -Legge 24 Settembre 2010 N.162 - Armonizzazione Del Quadro Normativo Relativo Al Soggetto Inidoneo E Ai Requisiti Per La Licenza D

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SAN MARINO

DECREE - LAW 5 November 2010 179
(Ratification Decree - Law 162 of 24 September 2010)



We the Captains Regent of the Most Serene Republic of San Marino


The Decree - Law 162 of 24 September 2010 "Harmonization of the regulatory framework relating to the Subject
unsuitable, and requirements for the operating license of economic activity. Changes to
Read February 23, 2006 n. 47, July 23, 2010 n. 129 and 26 July 2010 n. 130 ", promulgated:
Given the necessity and urgency referred to in Article 2, paragraph 2, point b) of
Constitutional Law 183 of 15 December 2005 and Article 12 of the Qualified Law || | December 12, 2005 184 and precisely the reasons of necessity relating to the need to harmonize
in a more structured legal framework that allows the identification of
safely one who carries out an economic activity in San Marino and checking
the requirements of integrity, and the urgency of this harmonization to avoid
unequal treatment of individuals who find themselves working in sectors other
;
Given the decision of the 32 State Congress adopted in the sitting of 21 September 2010
;
Given the amendments to the above Decree in connection with ratification of the same by the Great and General Council
its meeting of 29 October 2010;
Considering Article 5, paragraph 2, of the Constitutional Law no. 185/2005 and Article 9 and Article 10, paragraph 2,
of Qualified Law n.186 / 2005;
Promulgate and publish the final text of the Decree - Law of 24 September 2010
162 as amended as a result of the amendments approved by the Great and General Council when
ratification:


HARMONIZATION OF LEGISLATION ON THE SUBJECT
UNSUITABLE AND THE REQUIREMENTS FOR THE LICENSE OF ECONOMIC OPERATING ACTIVITIES
. CHANGES TO READ February 23, 2006 No. 47, July 23, 2010 N. 129 E
July 26, 2010 No 130


Art. 1
(Changing the definition of "Subject unfit")

Item 9), paragraph 1, Article 1 of Law 23 February 2006 n. 47 and subsequent modifications
is replaced by the following:

"For" Subject unsuitable ", a natural person:

2
a) resulted convicted by a criminal sentence has become final, in custodial sentences personal
for a period exceeding two years for misdemeanors, against property, against public faith
, against the economy public or drug trafficking, committed over the last 15 years
; or proves convicted by a criminal judgment which has the force of res judicata for
corruption, use of invoices for nonexistent transactions, tax fraud, usury, fraudulent bankruptcy
or recycling for crimes committed over the last 15 years; or has reported
convictions also not definitive or has been prosecuted in connection with criminal proceedings pending
, for criminal association gangster mold or
financing of terrorism;
B) in the previous 12 months of incorporation of the company or at the time of purchase of the shares or other
at the time of appointment to corporate offices, he has been a member or had the powers of representation of which | || Article 52 of Law 23 February 2006 n. 47 in at least two companies in San Marino put
office or compulsory liquidation or in a company revoked behind
decision of the State Congress. Membership or having powers of representation referred to in Article 52 of the Law
23 February 2006 n. 47 must be settled at the liquidation of the company
or revocation of the license by the State Congress. A shareholder or a
administrator, in the case shows that, having acted diligently does not
any responsibility in decisions or activities of the company which have led to the liquidation or forced
office in the same or revocation of the license, is not subject unsuitable;
C) is subject to a competition procedure of creditors or procedure equivalent in foreign legal systems
, in progress or completed less than five years;

Which is a legal person:

I) is an ongoing competition procedure of creditors or forced liquidation due to insolvency
or equivalent procedures even in foreign jurisdictions;
Ii) is subject to voluntary liquidation following the occurrence of a cause of dissolution;
Iii) in the preceding 12 months of incorporation of the company or at the time of purchase of the shares,
he has been a partner in at least two of San Marino companies going into liquidation or forced
office or in a company behind revoked decision of the State Congress. Membership

Must be settled at the liquidation of the company or the revocation of the license by
part of the State Congress. A shareholder or a director, in the case shows that, having
acted diligently has no responsibility in the decisions or actions
of society that led to the forced liquidation or upon the same or revoke || | license, is not subject unsuitable. ".


Art. 2
(Certification)

Item 10), paragraph 1, Article 1 of Law 23 February 2006 n. 47 and subsequent modifications
is replaced by the following:

"For" certification ":

A) if it refers to legal person, the Good Standing Certificate, the Certificate compulsory liquidation or
office and the license revocation certificate;
B) if it refers to a natural person, the General Penal Certificate, the Certificate of Cargo Pendants and
Certificate compulsory liquidation or upon the revocation of the license and certificate. ".




3
Art. 3
(clearance certificate compulsory or ex officio and license revocation Certificate)

The Commercial Registry of the Single Court issuing the certificate attesting
for the last 12 months preceding the request for the certificate itself, the number of companies
placed into compulsory liquidation or office, where: || | a) a natural person holds or has held the shareholder status or had the powers of representation
referred to in Article 52 of Law 23 February 2006 n. 47 at the time of liquidation of the company
, or,
b) a legal person has to qualify for membership.
The Office of Industry and Commerce will issue a certificate stating, in relation
to the last 12 months prior to the certificate request the same, the number of companies to which the license from the State Congress was revoked
in which:
a) a natural person holds or has held the shareholder status or had the powers of representation
referred to in Article 52 of Law 23 February 2006 n. 47 at the time of license revocation;
B) a legal person plays or has played to qualify for membership at the time of the revocation of the license
.
The certificates referred to in the preceding paragraphs may be replaced by corresponding
statements made with the forms of art. 1 of Law 105 of 21 October 1988.
At the exclusive end of the previous certificate issues, the Clerk of the Commercial Court
Unique and Industry Office, Crafts and Commerce, require, for only through the
officials of the Central Bank of the Republic of San Marino, information from it
collected and held in accordance with Article 2 of Law 98 of 7 June 2010 relating to the San Marino respectively
companies put into compulsory liquidation or upon or whose license has been revoked | || by the State Congress. Access to the above information does not constitute a breach of
confidentiality obligations of Article 29 of the Law of June 29, 2005, as amended.


Art.
4 (Amendment to Article 17 of Law 23 February 2006 n. 47 and subsequent amendments)

Article 17 of Law 23 February 2006 n. 47 and subsequent amendments is replaced by the following
:
"1. Upon accepting the trustee, the trust company that, based on the
fiduciary mandate, constitute the company, it will acquire or possess holdings, must
obligatorily and previously obtaining the relevant certification to the trustees as well | || declare, respectively, in the time of incorporation of the company or acquisition of small holdings,
the fiduciary nature of his speech, recalling the business license of the
Business reserved.
2. The trust company will not be able to create companies, acquiring or owning equity
on the basis of a trustee assignment, where a certification showing that the settlor or the beneficial owner
is an unsuitable subject. 3
. It relates to activities reserved for financial firms it remains subject to the Central Bank
regulatory and supervisory powers of the Republic of San Marino.
4. In the cases mentioned in the first paragraph, the existence of the sole shareholder, and its rules in
Article 12 should be understood with reference to the grantor and not to trust ".
"5. In the cases mentioned in the first paragraph, the unfitness, Certification and related rules in
this Act, shall be construed with reference to the grantor and the beneficial owner of these, not to
Trust Company. ".




4
Art. 5
(Amendment to Article 31 of Law 23 February 2006 n. 47 and subsequent amendments)


Paragraph 1, Article 31 of Law 23 February 2006 n. 47 and subsequent amendments is replaced by the following
:

"1. The shareholders of public limited companies may decide to raise new capital with
issuing debenture. ".


Art. 6
(Amendments to Article 7 of the Law 129 of July 23, 2010)

The point c), paragraph 1, Article 7 of the Law 129 of 23 July 2010 is replaced by the following
:

"C) not have been convicted by a final criminal judgment, to custodial sentences
staff for more than two years, for crimes against property, against public faith
, against ' public economy or drug trafficking, committed over the last 15 years
; or not have been convicted by a final criminal judgment, for
corruption, use of invoices for nonexistent transactions, tax fraud, usury, fraudulent bankruptcy
or recycling, for crimes committed over the last 15 years; or he has not reported
convictions also not definitive or was not returned for trial in criminal
proceeding, for criminal association gangster mold or
financing of terrorism; ".

Paragraph 1, Article 7 of the Law 129 of July 23, 2010, as amended, supplemented by the following
:

"F) in the 12 months prior to the submission of the application for the license, was not a shareholder or
had powers of representation referred to in Article 52 of Law 23 February 2006 n. 47
in at least two of San Marino companies going into liquidation office or compulsory or in a
company behind revoked decision of the State Congress. Membership or have
powers of representation referred to in Article 52 of Law 23 February 2006 n. 47
must be contextual to the liquidation of the company or the revocation of the license by the State Congress
. A shareholder or a director, in the case show that, by adopting a
diligent behavior has no responsibility in the decisions or activities of
society that led to the forced liquidation or upon the same or withdraw | || license, is not subject unsuitable. ".


Art. 7
(Amendments to Article 9 of the Law 129 of July 23, 2010)

Article 9 of Law 129 of 23 July 2010 is replaced by the following:
1. license is issued on receipt of a specific request to the Office
Industry and Commerce. The request must state:
a) the identity of the licensee, person or entity;
B) the object of the license, which must be lawful, possible, determined, consistent and reported
actual activities that will be put in place. If the applicant is a legal person
, the object of the license coincides with the business purpose, unless the operator's choice of economic
turn only a part of the same, provided the regime with which it is consists
5
the legal person. If the applicant is a natural person, the determination of the object of the license
occurs as defined in Annex A of this law;
C) the place where the activity will be carried out, handing a certified copy issued by the Office
Urbanism, the last approved project, cadastral allibramento and list of rooms, or bringing
cadastral reference and extreme identifiers of the last approved project or the project variant
being the premises for the same activity, its square and the function and activities
insediabili the premises as provided for in the project. This may be omitted from
requesting an individual license for that type of object can be carried out without a fixed place
; in this case the institution in which to communications is the one indicated in paragraph 2 of Article 26 of this Law
.
2. The Executive Office of Industry and Commerce, received the request for the
the licensing authority shall examine the same and within 5 working days of the request
deposit, informed the be acceptable in demand or the possible irregularities of the same
. In the latter case the Office Manager Industry, Crafts and Commerce grants
period not exceeding 30 working days from notification of the irregularities
question to regularize the same, after which fruitlessly, the demand is rejected by
motivated order. 3
. The application for issuing the license request is rejected and such measures shall
for one or more of the following reasons:
a) Formal defects in the application;
B) lack of requirements for the issue referred to in Articles 7 and 8;

C) lack of one of the object of the license requirements as specified in paragraph b) of the preceding paragraph
1;
D) function, as indicated in paragraph 1, point c), first sentence, not compatible with the activities constituting
subject of the license.


Art. 8
(Integration in Article 10 of Law 129 of July 23, 2010)

Paragraph 1, Article 10 of Law 129 of 23 July 2010 is well integrated:

"E) certificate of conformity construction".


Art.
9 (Amendments to Article 26 of Law 129 of July 23, 2010)

Paragraph 1, Article 26 of Law 129 of 23 July 2010 is supplemented by the following:

"G) if the person holds a license as a result of the court order, verses in
condition referred to in subparagraph d), paragraph 1, Article 7 or has reported a condemnation not final
or it has been indicted for criminal proceedings for criminal association for
of gangster mold or terrorist financing. The license shall be revoked
case of final judgment for all the cases provided for in paragraph c) paragraph 1 of Article 7. ".


Art.
10 (Amendments to Article 43 of Law 129 of July 23, 2010)

Article 43 of Law 129 of 23 July 2010 is replaced by the following:
1. By 31 May 2012 each license holder, person or entity, shall declare
Office Industry and Commerce the actual activity of the proper object of
6
license in order to proceed with the redevelopment of the new license assigned according to the types of license
provided for in Article 4 of this Act. For the purposes of the redevelopment of the determining
will be the predominant activity. Who does not comply with such a requirement on time,
a € 1,000.00 administrative sanction will be applied. After a further 30 working days of the closing date
previously expected, a further penalty of €
3,000.00 will be applied. Also unnecessarily spent this last term, it will suspend the license until
all'ottemperamento with this obligation. However, if by 31 December 2012, the Economic Operator
has fulfilled the obligation above the license will be canceled automatically.
From 31 May 2012 will not be transferable to shares in companies whose corporate purpose does not meet the criteria
established by Article 9 of Law 23 February 2006 n. 47 and subsequent amendments and additions.
2. For temporary licenses for the fulfillment of legal obligations to obtain a regular
licensing must take place by 31 December 2011. After that date, those licenses will
no longer subject to renewal. 3
. By 31 December 2011, the Economic Operators existing
entry into force of this Law, who despite having a license Industrial manufacturing or service, mainly perform
business brokerage activities, will have to request and be based on
law 25 July 2000 n. 65 and subsequent amendments, the transformation of their license, licensed
Commercial, on pain of revocation of the license.
4. To whom is licensed according to the procedures laid down in Article 59 of Law 18 December 2003 n
. 165, if within the six months provided will not lodged the documents requested, will be
suspended license until the presentation of the same and imposed a fine of € 1,000.00.
Spent two years suspended license shall be deemed waived.
5. The license holders while having one or more secondary locations have one or more employees
as required by Article 13 of this Law, must hire the employees required, on pain of
closure of the branch, by 31 December 2010. 6
. Holders of active licenses at the date of entry into force of this Act, must
comply with the provisions of article 16 of this law, by December 31, 2010 18
worth the imposition of an administrative penalty of € 500 , 00. In the case of suspended license, it said
obligation must be fulfilled within 30 days of reactivation of the license.
7. With special delegated decree will be governed by the procedures put in place as a result of the kidnapping
referred to in paragraph two of Article 28 of this Law.


Art.
11 (Amendments to Article 24 of Law 130 of July 26, 2010)

The point b), paragraph 2, Article 24 of Law 130 of 26 July 2010 is replaced by the following
:

"B) not have been convicted by a final criminal judgment, to custodial sentences
staff for more than two years, for crimes against property, against faith

public, against the public economy or drug trafficking, committed over the last 15 years
; or not have been convicted by a final criminal judgment, for
corruption, use of invoices for nonexistent transactions, tax fraud, usury, fraudulent bankruptcy
or recycling, for crimes committed over the last 15 years; or he has not reported
convictions also inconclusive or has not been indicted as part of an ongoing criminal
proceedings for criminal association gangster mold
or terrorist financing ".

Paragraph 2, Article 24 of Law 130 of 26 July 2010 is supplemented by the following:

"F) in the 12 months prior to the submission of the application for the license, was not a shareholder or
had powers of representation referred to in Article 52 of Law 23 February 2006 n. 47
7
in at least two of San Marino companies going into liquidation office or by the court or in a
company behind revoked decision of the State Congress. Membership or have
powers of representation referred to in Article 52 of Law 23 February 2006 n. 47
must be contextual to the liquidation of the company or the revocation of the license by the State Congress
. A shareholder or a director, in the case show that, by adopting a
diligent behavior has no responsibility in the decision or in the activities of
society that led to the forced liquidation or upon the same or withdraw | || license, is not subject unsuitable. ".

The point d), paragraph 3, Article 24 of Law 130 of 26 July 2010 is replaced by the following
:

"D) the place where the activity will be carried out, handing a certified copy issued by the Office
Urbanism, the last approved project, cadastral allibramento and list of rooms, or bringing
cadastral reference and the last project approved or extreme identifiers of
variant ongoing project the premises for the same activity, its square and the function and
insediabili activities in the premises as specified in the design. ".




Art.12 (Integration article 36 of Law 130 of July 23, 2010)

Paragraph 1, Article 36 of Law 130 of 26 July 2010 is well integrated:

"G) certificate of conformity construction.".



Art.13 (Amendments to Article 52 of Law 130 of July 26, 2010)

The point b), paragraph 2, Article 52 of Law 130 of 26 July 2010 is replaced by the following
:

"B) not have been convicted by a final criminal judgment, to custodial sentences
staff for more than two years, for crimes against property, against public faith
, against ' public economy or drug trafficking, committed over the last 15 years
; or not have been convicted by a final criminal judgment, for
corruption, use of invoices for nonexistent transactions, tax fraud, usury, fraudulent bankruptcy
or recycling, for crimes committed over the last 15 years; or he has not reported
convictions also not definitive or was not returned for trial in criminal
proceeding, for criminal association gangster mold or
financing of terrorism; ".

Paragraph 2, Article 52 of Law 130 of 26 July 2010 is supplemented by the following:

"F) in the 12 months prior to the submission of the application for the license, was not a shareholder or
had powers of representation referred to in Article 52 of Law 23 February 2006 n. 47
in at least two of San Marino companies going into liquidation office or compulsory or in a
company behind revoked decision of the State Congress. Membership or have
powers of representation referred to in Article 52 of Law 23 February 2006 n. 47
must be contextual to the liquidation of the company or the revocation of the license by the State Congress
. A shareholder or a director, in the case show that, by adopting a

8 diligent behavior has no responsibility in the decision or in the activities of
companies that led to the forced liquidation or official thereof or revocation of license
, is not subject unsuitable. ".

The point d), paragraph 3, Article 52 of Law 130 of 26 July 2010 is replaced by the following
:

"D) the place where the activity will be carried out, handing a certified copy issued by the Office
Urbanism, the last approved project, cadastral allibramento and list of rooms, or bringing
cadastral reference and extremes identifiers of the last approved project or the

Draft variant being the premises for the same activity, its square and the function and
insediabili activities in the premises as specified in the design. ".



Art.14 (Amendments to Article 64 of Law 130 of July 26, 2010)

Paragraph 3, Article 64 of Law 130 of 26 July 2010 is replaced by the following:

"3. The authorization to transfer ownership of the license is granted by an act motivated
Office Industry and Commerce, on receipt of request them
. The applicant must certify that they meet the requirements referred to in Article 24
paragraph 2. The application shall also be accompanied by all the documentation certifying the
transfer of ownership in accordance with points a), b), c ) above. ".




Art.15 (Integration in Article 56 of Law 130 of July 23, 2010)

Paragraph 1, Article 56 of Law 130 of 23 July 2010 is well integrated:

"G) certificate of conformity construction.".



Art.16 (Amendments to Article 76 of Law 130 of July 26, 2010)

Article 76 of Law 130 of 26 July 2010 is replaced by the following:

"1. The suspension of the license office in the following cases:
a) 90 days after the deadline for the payment of the annual license fee without
this has been done; in which case the license will be suspended until payment of the amount due
. Within 180 days after the deadline for the regular payment of the license, the license will be revoked
;
B) maturity, withdrawal or cancellation of the lease, lease or loan the Headquarters main
Economic Operator. The license will be re-activated at the time of signing the new contract
you will still have to be made no later than 12 months after the expiration, termination or cancellation
of the previous contract, under penalty of revocation of the license;
C) unjustified closure of the Economic Operator's registered office, to the exclusion of
retailer, and / or the premises where the economic activity,
for a period exceeding 90 days;
9
d) if it is found that the seat was deprived of the tools necessary for the normal development of economic
;
E) in the event that the Civil Police is not able to deliver the license, as required
Article 10, paragraph 5, of the law 23 July 2010 n. 129, within 2 months from the date of his release
for unauthorized absence Economic Operator;
F) as otherwise required by this Act or by special laws;
G) if the person holds a license as a result of the court order in the verses
condition referred to in subparagraph c) of paragraph 2, Article 24 or have reported a conviction even if not definitive or is
It was indicted for criminal proceedings for criminal association for
of gangster mold or terrorist financing. The license shall be revoked
case of final judgment for all cases referred to in point b) paragraph 2 of Article 24.
2. With suspended license, the venue at which to make any communications is:
a) for legal persons is, in effect, the registered office of the Company unless otherwise indicated
;
B) for residents, their homes;
C) for non-residents, the study of a Chartered Accountant, a Certified Public Accountant or a
a Lawyer and Notary, enrolled in professional, which must formally elect the
home;
D) failing that, to valvas. 3
. The Congress of State may suspend or revoke the license if the holder of the same
carries on business in a form that impair the prestige and interests of the Republic. ".



Art.17 (Final Provisions)

1. Where, on the entry into force of this decree, it is already done
of association of the company or at the time of purchase of the shares or the act of appointment as
corporate offices, or the issuance of the license, the term of 12 months referred to in articles 1,
6, 11 and 13 starts from the date of entry into force of this decree. The term of 12 months
is computed, for all new cases, as from the entry into force of this Decree.
2. It will be governed by delegated decree the procedure under which a member may give
demonstration referred to in Articles 1, 6, 11 and 13. 3
. Is repealed Decree - Law No 2 September 2010. 150; until the entry into force of this Decree
therefore remain in force the existing rules to the same decree. It is without prejudice to the validity
for acts performed in accordance with that.

4. By 28 February 2011, the Congress of State, by delegated decree, will issue a
Coordinated Text of the Law 47 of February 23, 2006, as amended.


Given at Our Residence, this day novembre 5 2010/1710 dFR


THE CAPTAINS REGENT
Giovanni Francesco Ugolini - Andrea crocuses




THE SECRETARY OF STATE FOR INTERNAL AFFAIRS Valeria Ciavatta

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