Of Financing Parties And Political Movements

Original Language Title: Finanziamento Dei Partiti E Movimenti Politici

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LAW 22 November 2005 LAW No. 170 of 23 November 2005 REPUBLIC OF SAN MARINO FUNDING OF POLITICAL PARTIES AND MOVEMENTS We the Captains Regent of the Most Serene Republic of San Marino Promulgate and publish the following law approved by the Great and General Council at its meeting on 23 November Art.1 2005. In recognition of the civil service took place and the role played within the framework of the institutional organs of the State, in order to guarantee them the ability to independently carry out their duties to the community, it is recognized that Parties and political Movements they have submitted electoral lists and that they are represented in the Great and General Council annual funding from the State. Art. 2 The State contribution for the financing referred to in the previous article is equal to 2.5 per thousand of the Budget Budget revenue, minus the tour matches and mortgages to draw, and is divided between the Parties and Movements 75 percent in proportion to the number of councilors elected in their respective lists and 25 percent in equal and fixed parts between the parties and movements that have submitted electoral lists and are represented in the Great and General Council by at least three Directors , taking into account the deduction for the payment of the fee referred to in the next paragraph. For parties and movements whose lists have obtained a number of less than three Directors the fixed contribution is Euro 12,000.00. Art.3 The liquidation of the funding for each party or movement takes place in monthly installments. Each Party or Movement, by written proxy by its legal representative filed with the Central Bank of the Republic of San Marino and containing express exemption 1 Administration of any responsibility, nominate a person responsible for collecting and communicating the bank details for crediting in Bank account. The legal representative function is performed by the secretary or responsible politician or by the administrative director appointed by the competent bodies of each Party or Movement. His name must be communicated to the Secretariat Institutional within five days of the appointment. Article 4. To the Directors that during the legislature, are detached from the Group or Council Chamber Representation of the list in which they were elected is recognized only proportional contribution. During the term fixed subsidy accorded to each Party or Movement can not be subject to a new distribution, unless otherwise agreed by all Councillors elected in the same list, if they decide to constitute two or more groups or the Board's Representations, or in the lists of different parties and movements, if they decide to create a single Group or Representation Council Chamber. Art. 5 In the year in which the elections are held for the renewal of the Great and General Council referred to in Article 2 funding is doubled, and paid by the month in which the electoral meetings are convened. Article 6. For the Parties and Movements in Article 1 is granted the right to insist registered movables and immovable property directly related to the exercise of their activities and to exercise its rights including that of transfer of ownership, to hire staff, contract bonds, enter into contracts necessary or useful to the exercise of its activity. To this end the Secretariat Institutional releases the validity of certificates of designation, the registered office, the personal details of the legal representative of the party or movement that has submitted an electoral list and is represented in the Great and General Council. For the purposes of determining the tax on imports of assets directly related to its activities, the Parties and Movements in Article 1 are equivalent to the economic operators in possession of a valid license or operating license. The Labour Office shall issue to the parties and movements who request the economic operator code for the economic transactions related to the exercise of their activities. At the Institutional Secretariat has kept the register of parties and movements represented in the Great and General Council with the data referred to in the preceding paragraphs. Article .7 The employees hired by the Parties and Movements in Article 1 are entitled to the detachment from the job in which they are employed. The period of secondment or assignment is established by the department which requires it, it may revoke it at its discretion. The demand for separation must be submitted to the employer by the legal representative of the party or political movement. 2
The forms of remuneration, contributory or in any way connected to the employee's career levied in full on party or movement which carried out the recruitment. Posted workers are entitled to be readmitted to the previously occupied workplace, with recognition to all the economic and legal effects of the service provided. Art. 8 The parties and political movements that are receiving funding under this Act are required to file with the Secretariat Institutional, by April 30 of each year, the budget for the previous year. The Secretariat Institutional making them public through the press. Art. 9 At the fulfillment of the present law are also required the directors mentioned in the first paragraph of Article 4 of this Act. Art. 10 The budget must be drawn up clearly and accurately, in accordance with generally accepted accounting principles and rules laid down in Act 68 of June 13, 1990 and subsequent amendments and additions, mutatis mutandis. It must include: a) the balance sheet with details of the assets, liabilities and equity; b) the income statement with a statement of costs and revenues pertaining to the year and the end result of surplus or operating deficit. The budget must be accompanied by a report on operations and on the various items that make it up and the resolution of approval of the competent organ of the Party or Movement. The budget must be signed by the administrative officer and / or the political secretary or manager of the Party or Movement, who assume joint and several responsibility for the completeness and accuracy of the same. Art. 11 Each year the budgets of parties and movements are audited in order to verify if they have been drawn up clearly and correctly and if you are the balance sheet and the costs and revenues occurred completely and truthfully in ' year. The review is conducted by a Board of three auditors entered in the Register of Auditors established at the Secretariat of State for Industry and chosen by the Great and General Council Presidency in May of each year, with a majority representing at least two thirds of the members of the Great and General Council. The Board has the right to obtain from the administrative and political leaders of parties and movements, or by anyone who is in possession of the news and the necessary or relevant to the review and can carry out inspections and checks at the premises of the parties or movements. The final report of the Board shall be notified to the Secretariat and the Institutional Party or movement concerned, which is granted the right to advance an appeal within ten days to the 3 Commission of Public Finance Control which decides without appeal within the next twenty days. The final report of the Board and the eventual ruling of the Commission of Public Finance Control are made public by the Institutional Secretariat. Art. 12 Should the Audit Board referred to in Article detect serious violations of this law or that the budget is not complete and truthful way the assets and liabilities and costs and revenues occurred during the year, the financing referred to in this law is reduced by half for the next twelve months. In case of recurrence within the same term, funding will not be paid for the twelve months following the notification of the final report of the Review Board. The action was brought under the fourth paragraph of Article 11 shall suspend the application of the penalty referred to in the previous paragraph until delivery of the Commission of Public Finance Control. Art. 13 The anonymous contributions to the entities referred to in Articles 1, 4 and 14 are prohibited. The identification data of the natural or legal persons who have made donations must be recorded in a special list to be kept together with the accounting documents. The contributions and utilities respectively amount or value exceeding € 3,000.00 for each calendar year must be recorded in a special attachment to the financial statements containing the identification data of the donors. Notwithstanding the first paragraph of this article, it is permitted fundraising modest anonymously, in special transparent material containers, during conferences, parties and other events sponsored by different parties and movements. The total amount of contributions received in this manner must be highlighted through a special budget item. Art. 14 The statements of any autonomous management and the financial statements of associations, foundations and
Companies owned or funded by different parties and movements must be attached to the accounts of the latter. Art. 15 Anyone who engages in acts in violation of Article 13 shall be punished with a fine by days of the third degree and fourth-degree disqualification from political rights. Who, when he had offered contributions or benefits in violation of Article 13, spontaneously and usefully confess shall be punishable with a fine of second-degree daily. They are subject to the penalties prescribed by the Penal Code. At 4 Art.16 financial charges arising from this law it is met through specific annual appropriations to be approved by the Budget Law. Art. 17 Within ninety days of the entry into force of this Act, the parties and the movements referred to in Article 1 are required to deposit with the Secretariat Institutional balance sheet referred to in the second paragraph of Article 10 with reference to the date of entry into force of this Act. Article 18 shall be repealed: - Articles 2, 3 and 4 of Law 28 of 5 September 1972; - Article 1 of the Law of January 28, 1981 # 5; - Article 5 of the Law May 20, 1985 n.59; - The law 29 January 1987 n.13; - Law 14 of January 29, 1987; - Article 20, second paragraph, of the Law January 31, 1996 6. It 'also repealed all provisions contrary to the present law. Art.19 This Act comes the day after the upcoming parliamentary elections in force. Our Residence, this day of December 5 2005/1705 THE CAPTAINS REGENT Claudio Muccioli - Antonello Bacciocchi THE SECRETARY OF STATE FOR INTERNAL AFFAIRS Rosa crocuses 5