Decree-Law N.150 Del 02/09/10 - Changes On February 23, 2006 Law No. 47 Subsequent Changes And Additions To Law July 23, 2010 # 129

Original Language Title: Decreto-Legge N.150 Del 02/09/10 - Modifiche Alla Legge 23 Febbraio 2006 N. 47 E Successive Modifiche E Integrazioni Alla Legge 23 Luglio 2010 N. 129

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
Law Decree
SAN MARINO

DECREE - LAW September 2, 2010 # 150


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 to harmonize the regulatory framework that allows the identification of
safely one who carries out an economic activity in San Marino, to verify the integrity
requirements, the persistence of the same and the urgency of making such harmonization;
Given the decision of 68 of the State Congress adopted in the sitting of 25 August 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:


AMENDMENTS TO THE LAW February 23, 2006 N. 47 AND SUBSEQUENT AMENDMENTS AND ADDITIONS TO LAW
July 23, 2010 # 129

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) he has been convicted even if not definitive for crimes against property, against public faith
and / or the public economy to restrictive penalties of personal freedom for a time
exceeding two years; has been convicted also not final and any entity or has
during a criminal trial of merit for criminal association gangster mold,
laundering, terrorist financing, usury and drug trafficking; reported
convictions also not final and any entities, for corruption, use of
invoices for nonexistent transactions, tax evasion, fraudulent bankruptcy; reported within five years of a previous conviction for murder
and negligently causing serious injury or harm committed with
violation of safety regulations and the protection of hygiene and health at work, a further
also condemns not ultimately for the same offense;
B) in the previous 12 months of incorporation of the company or at the time of purchase of the shares or other
by the act of appointment as corporate officers has been a partner and / or director of San Marino put
companies in liquidation as a result of revocation of the license or of at least two of San Marino
companies put into voluntary liquidation and no;
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:

A) is subject to a creditors or liquidation of competition forced insolvency
or equivalent procedures even in foreign legal systems, in progress or completed for less than 5 years
;
B) placed under voluntary liquidation following the occurrence of a cause of dissolution; ".

Art. 2
(Amendments 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
:
"The shareholders of public limited companies and public limited companies may decide to raise new capital
with the issuance of debenture.".

Art. 3
(Integration Article 7 of the Law 129 of July 23, 2010)

Paragraph 1, Article 7 of the Law 129 of 23 July 2010 is well integrated:
"f) in the 12 months preceding the submission of the application for the license has not been a partner and / or
director of San Marino companies going into liquidation as a result of license revocation
or at least two of San Marino companies put into voluntary liquidation and no; ".

Art. 4
(Integration in Article 26 of Law 129 of July 23, 2010)

Paragraph 1, Article 26 of Law 129 of 23 July 2010 is well integrated:
"g) the person holds a license as a result of the court order, is within the assumptions outlined in points
c) or d), paragraph 1, Article 7 of this Act. The license is revoked
in the case of final judgment. ".


Given at Our Residence, this day of September 2 2010/1709 dFR




THE CAPTAINS REGENT Marco Conti - Glauco Sansovini




P. THE SECRETARY OF STATE FOR INTERNAL AFFAIRS

THE SECRETARY OF STATE
Antonella Mularoni