REPUBLIC OF SAN MARINO LAW 26 May 2004 71 REPUBLIC OF SAN MARINO LAW ESTABLISHING THE CHAMBER OF COMMERCE, INDUSTRY, AGRICULTURE AND CRAFTS OF THE REPUBLIC OF SAN MARINO 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 May 26, 2004 Art. 1 (Nature and business name) for the purposes of this law takes on the role and function of the Chamber of Commerce, Industry, Handicraft and Agriculture of the Republic of San Marino the corporation agency for the Promotion and Economic Development of Law November 24, 1997 No. 133. The Congress of State is authorized to promote the change of name of the company stock company "Agency for the Promotion and Economic Development" in "Chamber of Commerce, Industry, Handicraft and Agriculture of the Republic of San Marino - Promotion Agency and Economic Development (Chamber of Commerce) ". Art. 2 (Purpose) Except as provided by Law 133 of 24 November 1997, the Chamber of Commerce may also: - acquire in stamp duty exemption and segrteria rights, also through the Internet, at the Single Court the validity of certificates of legal persons registered at the Commercial Registry of the Court Act; • gain in stamp duty exemption and rights of secret ia, also electronically, to the court copies of corporate balance sheets, in order to do studies, research and publications on economic Marino; • gain from economic agents, balance sheet, economic and statistical (in compliance with Law 70 of May 23, 1995) in order to realizzre studies, research and publications on economic Marino; • issue certificates of origin; • carry out certification functions of public encryption keys that will be provided for by specific regulations on training, archiving and transmission of documents using computer and electronic instruments; • enter into agreements with other certifiers also peril mutual recognition of certificates issued; • perform metric office functions; • represent San Marino in international standards activities to promote the harmonization of standards and facilitate trade in products and services; • carrying on an exclusive function of the institution of accreditation of certification bodies; • carry out the store function of norms of international ent regulators; • manage the commodity exchange, and prepare information tools and elements of analysis and study of the trends in prices; • carry out observatory functions in prices confus tions and analytical study of the trends in prices; • Keep the single register of companies authorized to participate in public procurement as a preliminary reference to the individual contracting authorities referred to in Article 8 of Law 121 of 29 November 1999; • carry out compliance and the professional technical requirements of certification function. Art. 3 (Financing) The financial contributions referred to in Article 8 letter b) of Law 133 of 24 November 1997, given the public interest that the Chamber of Commerce plays, also derive from a percentage of the license fees or operating licenses of Law 52 of July 1, 1992, as amended or supplemented. The percentage referred to in the preceding paragraph shall not be less than six per cent and more than fifteen percent EThe nnualmente determined by special Regency Decree taking into account the forecast balance sheet referred to in Article 10 of Law 133 of 24 November 1997. Art. 4 (Register of Companies) E 'set up at the Chamber of Commerce, the business register. The register is public. The Chamber of Commerce provides for the maintenance of the register of companies under the supervision of the Law Commissioner. The preparation, holding, storage and management, according to computer techniques, the commercial register are made in order to ensure completeness and coherence of advertising for all subjects enrolled, ensuring more timely information. The advertising system referred to in this article must be fully implemented within a maximum period of one year from the date of entry into force of this Act. Within one hundred eighty days from the date of entry into force of this Act, the Congress of State, on a proposal from the Chamber of Commerce, establishes specific implementation rules of this Article which shall provide in particular: a) the type of data contained in the business register ; b) connection to the computer procedures related to the company's data banks,
legal persons, economic operators (OPEC), of farmers and agricultural entrepreneurs; c) the manner of acquisition of the data referred to in b) for their inclusion in the Register of Companies; d) the issue, also for correspondence and electronically, to anyone who requests it, a certificate of registration in the commercial register or certificates evidencing the lack of registration; e) the acquisition and use by the Chamber of Commerce of any other news of economic and statistical and avoiding any duplication of unnecessary burden for economic operators. The Law Commissioner has direct access to the database and archive paper from the commercial register. Art. 5 (Entry in the register of companies) are entered in the register of law firms all economic operators dilicenza holders. Art. 6 (Registration at the Chamber of Commerce) are members of law to the Chamber of Commerce, Industry, Handicraft and Agriculture of the Republic of San Marino - Agency for the Promotion and Economic Development (APSE Chamber of Commerce), all the economic operators and all parties with legal recognition. Art. 7 (Acts subject to the deposit at the Chamber of Commerce) All economic licensed operators are obliged every year to filing a copy of the last approved balance sheet or in the absence of a financial income statement. The budget or the economic and financial statement must be submitted in digital format in ways and methods defined by regulations approved by the Chamber of Commerce members. Art. 8 (Failure to comply with the obligation of filing of documents) Anyone who fails to file documents referred to in Article 7 of this Act shall be punished with a penalty from Euro 200,00 to Euro 2.000,00. The Chamber of Commerce regulates the storage mode of the acts and the application of the penalty. Art. 9 (Use of the name "Chamber of Commerce") Besides the institution governed by this Act, authorization pr via the Secretariat of State for Industry, may take the denomination in the national territory "Chamber of Commerce", even if an or preceded by other signs, associations involving entities and San Marino companies and other State, whose legal representatives of San Marino nationality have not been convicted of offenses punishable by imprisonment and whose legal representatives are foreign citizens in possession of approval of the diplomatic representation of the of state. Within one year from the date of entry into force of this Act, all entities that already make use of the denomination in the national territory "Chamber of Commerce", even if followed or preceded by other signs, and that they are not governed by this Act are required to apply for authorization under the first paragraph of this article. Jurisdiction to verify compliance with the recommendations in this article is the Secretariat of State for Industry which, verified non-compliance as set out under the first and alsecondo paragraph of this article, send the appropriate documentation to the Law Commissioner. Upon receipt of the documentation referred to in paragraph Prev that the Law Commissioner order to provide for the change of name within thirty days of the date of notification of the commissioner decree. The Congress government at the proposal of the State Secretariat for Industry will take the measure of the withdrawal in the first paragraph of this Article if it considers that the activities of the associations adversely damage or harm to the image of the country, or to ' activities of the Chamber of Commerce of San Marino. Art. 10 (Final provision) Within one year from the entry into force of this Act the provisions for coordination must be issued, the implementing regulations and a law organically regulating the Chamber of Commerce. Art. 11 (Entry into force) This Law shall enter into force on the fifteenth day following that of its legal publication. Our Residence, this day of 31 May 2004/1703 dFR Captains Regent Paolo Bollini - Marino Riccardi