Decree Law 162 24-09-2010 - Harmonization Of Regulatory Framework At Its Subject Unsuitable E Ai Requirements For License D

Original Language Title: Decreto Legge 24-09-2010 N.162 - Armonizzazione Del Quadro Normativo Relativo Al Soggetto Inidoneo E Ai Requisiti Per La Licenza D

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San Marino, August 2009/1708 d

SAN MARINO

DECREE - LAW 162 of 24 September 2010


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

Given the necessity and urgency referred to in Article 2, paragraph 2, point b) of the Constitutional Law
December 15, 2005 and 183 of Article 12 of the Qualified Law 12 December 2005 n
.184 namely the need for reasons related to the need for a more structured
harmonize the regulatory framework that enables you to securely identify the person who plays
economic activity in San Marino and to verify the integrity requirements, and the urgency of
making such harmonization in order to avoid unequal treatment of persons who are
operate in different economic sectors;
Given the decision of the 32 State Congress adopted in the sitting of 21 September 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;
We promulgate and send for publishing the following Decree-Law:



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:

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
, the public economy 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 partner in the case
proves that having acted diligently has no responsibility in the decision or
in the company's activities that led to the forced liquidation or upon the same or
revocation of the license, Subject is not 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 partner in the case demonstrates that, by adopting a
diligent behavior has no responsibility in the decision or in the shares of companies
that led to the forced liquidation or official thereof or revocation of license
, Subject is not 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 Certificate of Good Standing;

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. ".


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;
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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.


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

Paragraph 2, Article 17 of Law 23 February 2006 n. 47 and subsequent amendments is replaced by the following
:
"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. ".


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 were indicted in connection with criminal proceedings pending
, for criminal association gangster mold or recycling purposes of
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 partner in the case demonstrates that, by adopting a behavior diligent
has no responsibility in the decision or in the company's activities that have
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led to the forced liquidation or upon the same or revocation of the license, is not
Subject unsuitable. ".


Art. 7
(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, in the verses

Condition referred to in subparagraph d), paragraph 1, Article 7 or has reported a condemnation not final
or has been indicted for criminal proceedings for conspiracy mold
gangster or financing of terrorism. The license shall be revoked if the final judgment
for all cases provided for in paragraph c) paragraph 1 of Article 7. ".


Art. 8
(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 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 has not reported
convictions also not definitive or was not returned for trial in the context of an ongoing criminal
proceedings for criminal association gangster mold or recycling
for the purpose of 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
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 partner in the case demonstrates that, by adopting a behavior diligent
has no responsibility in the decision or in the company's activities that have resulted in the
compulsory liquidation or upon the same or revocation of the license, is not | || Subject unsuitable. ".


Art.
9 (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
:

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"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 were indicted in connection with criminal proceedings pending
, for criminal association gangster mold or recycling purposes of
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 partner in the case demonstrates that, by adopting a behavior diligent
has no responsibility in the decision or in the company's activities that have resulted in the
compulsory liquidation or upon the same or revocation of the license, is not | || Subject unsuitable. ".


Art.
10 (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) after 90 days of the deadline for 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;
D) if it is found that the seat was deprived of the tools required for normal
the economic activity;
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.
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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.
11 (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, 8 and 9 will start from the date of entry into force of this decree. The term of 12 months
computing, 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, 8 and 9. 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.


Given at Our Residence, this day of September 24 2010/1710 dFR



THE CAPTAINS REGENT Marco Conti - Glauco Sansovini




THE SECRETARY OF STATE FOR INTERNAL AFFAIRS Valeria Ciavatta


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