Law 54 Of May 21, 2012 - Law Establishing The Ente Poste Of The Republic Of San Marino

Original Language Title: Legge 21 maggio 2012 n.54 - Legge istitutiva dell'Ente Poste della Repubblica di San Marino

Read the untranslated law here: http://www.consigliograndeegenerale.sm/on-line/home/archivio-leggi-decreti-e-regolamenti/scheda17126625.html

SAN MARINO


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

In view of article 4 of the Constitutional Law no.185 / 2005 and Article 6 of Qualified Law
186/2005;
We promulgate and send for publishing the following ordinary law approved by the Great and General Council
its meeting on May 5, 2012:


LAW 21 May 2012 54


LAW ESTABLISHING THE ENTITY POST OF SAN MARINO REPUBLIC



Art.1 (Establishment and designation)

And 'established the National Post Office of the Republic of San Marino (EPSM), called Poste
San Marino, a public body with legal personality, with organizational, administrative, accounting and regulatory
(hereinafter in this Act Ente Poste).
In order to achieve the outlined goals is assigned to Ente a fund of
supplied by the state.


Art.2 (Mission and functions)

The Ente Poste operates according to the criteria of economy and efficiency of postal services as well as
services and activities mentioned below and is the competent authority to give effect to the provisions of the International Conventions and related
implementing regulations on these matters.
The National Post Office has the following functions:
- guarantees the international postal service, fulfilling in this context, on behalf of the
Republic of San Marino, including the functions of representation;
- Negotiates conventions and international agreements of the sector taking into consideration the
services and products is mandated by the State Congress;
- Exercise the activities of collecting, sorting, routing and delivery of postal items on the
territory;
- Offering postal financial services described in Annex A) this Act;
- Offers other services delegated by the public administration and the public sector;
- Perform the collection and payment services delegates from the Central Bank
Treasury Department, as well as those delegated to offices and public bodies;
- Conducts research and improvement in the areas of competence;
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- plays, in the observance of the limits and the relevant legal requirements, all other activities
functional and instrumental to the development of the postal sector;
- Prepares regulations for the definition and adoption of tariffs for postal services;
- Shall issue implementing regulations on matters within its competence.
The postal financial services described in Annex A) to the present law will be activated with
delegated decree to be issued by 31 December 2012.


Art. 3
(address and control)

The direction and control over the Ente Poste activities are delegated to
State Congress through the Secretary of State with responsibility for the Post Office.


Art. 4
(Ente Poste Bodies)

The organs Ente Poste:
- the Board of Directors;
- The President;
- The Board of Auditors.


Art. 5
(Board of Directors)

The Board of Directors shall exercise the following functions and responsibilities:
1) adopts the acts and take any useful initiative for the pursuit of the purposes of which
Article 1 and for the realization of the functions referred to 'Article 2;
2) develops plans and their relevant projects in order to give effect to the guidelines adopted
by the Congress of State in accordance with Article 3;
3) makes proposals and possible development of Ente Poste to the State Congress for its
determinations;
4) approve the annual budget and multi-year and any changes for the next
adoption by the Great and General Council;
5) approves the final budget for the subsequent adoption by the Council of the Great and General
and the balance sheet and income statements prepared in accordance with the rules on corporate
and of rules on banking supervision;
6) resolve the activation and / or suppression of products;
7) adopts the service regulations;
8) proposes to the State Congress the needs of quality and quantity of staff Ente Poste;
9) decides on the adoption of tariffs for postal products in a free market system and the fees of financial services and offers
disbursed to the State Congress rates of postal products
falling within the Universal Postal Service;
10) propose to the Congress of State taking out loans;
11) propose to the Congress of State the acquisition or transfer of immovable property
functional exercise of the Authority's activities Poste;
12) takes the strategic decisions relating to the organization of the Authority and resolve on other
considered useful to Ente interests.

The Board of Directors may delegate tasks to the President or members of
Board of Directors shall also establish the ways in which decisions taken by
delegates must be brought to his knowledge.
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The Board of Directors determines the exercise of the powers of signing powers and can
confer special powers of attorney for carrying out certain acts or transactions to the President or other
member of the Board of Directors.


Art. 6
(Composition of the Board)

The Board of Directors is appointed by the Great and General Council in a
number of members, equal to five, including the President, chosen from among people with skills and experience in
the economic and / or legal and in meet the requirements of integrity, professionalism and independence
established by legislation on company law and banking supervision.
Members of the Board of Directors, including the Chairman, are appointed for three
years and may be reappointed for one term.
The Board of Directors remains in office until the by the Great and General Council elected a new Board of Directors
.
In the first meeting the Board of Directors appointed from among its members the
Vice President.
The remuneration payable to the Board of Directors is determined by
delegated decree.


Art. 7
(Validity of the sessions and deliberations)

The Board of Directors meets at least once a month, convened by
President or in his absence or impediment, convened by the Vice President.
The Board of Directors shall be valid with the presence of a majority of its members
.
The resolutions are adopted by an absolute majority of the members. In case of equality of votes the vote of the President
.
Meetings of the Board of Directors and resolutions taken must be recorded in the minutes
process.
The resolutions of the Board are immediately enforceable
with the exception of those to be submitted to preventive control of legitimacy and those which by law or regulation
require more or different documents for their effectiveness and enforceability .
The members of the Board of Directors are required to report any conflicts of interest
in relation to specific matters. If it is detected a conflict
interest for a member of the Board of Directors he shall be required to refrain from
discussions and votes. Abstention is verbalized.
At meetings of the Board of Directors participate, without vote, the Director General
. It may also participate in meetings of the Board
Board of Directors. Even with these figures the abstention duty applies under the preceding paragraph.


Art. 8
(President)

The President is the legal representative Ente Poste.
The President is appointed by the Great and General Council, shall hold office for three years and is
re-elected only once.
The President convenes and chairs the Board of Directors.
In case of necessity and urgency, the President has the right to take the initiatives
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postponed the responsibility of the Board of Directors, subject to the obligation to
convene as soon as the Board of Directors for the necessary ratification.
In case of impediment or absence of the Chairman, his functions are performed by the Vice President
.


Art. 9
(General Manager)

The General Manager:
- oversees the technical performance and administrative Ente Poste;
- Is Chief of Staff Ente Poste under applicable laws;
- Identify and propose to the Board of Directors the needs of quality and quantity of staff
Ente Poste;
- Reports monthly to the Board of Directors on the Ente Poste;
- Prepares the annual budget and any changes for later review by
part of the Board of Directors and the Great and General Council;
- Prepares the final budget for the next examination by the Board of Directors and the
Great and General Council and the economic balance sheet of the senses
legislation on company law and rules on banking supervision .
The financial statements and other financial reports are to be submitted to the Board of Directors for their approval
;
- Exercise all powers demandategli by rules, regulations, by the President and Board of Directors
;

- Attends meetings of the Council of Directors and shall implement the relevant resolutions
;
- Ensures the smooth delivery of products and / or services, shall take all action necessary to the operation
Ente Poste, responsible for the administrative management Ente Poste.
The appointment of the Director General is decided by the Congress of State.
The post of Director General shall be conferred by private contract for a period of three years which may be renewed
.
The degrees are defined in Article 20, paragraph 3, of Annex A to Law 5
December 2011 n.188.
Subject to the special provisions of this Act, the rules of which
to Law 108 of July 31, 2009 and special incompatibility of Article 76 of the Law of 5 December 2011
n. 188.


Art.
10 (Board of Auditors)

The Board of Auditors appointed by the Great and General Council for a period of three years
with the possibility of reelection.
The Board of Auditors consists of three members, who meet the requirements of integrity, professionalism and independence
established by the legislation on corporate and banking
supervision, including at least two members in the Register pursuant to Law October 27, 2004 n.146.
A member of the Board of Auditors must be registered in the Register of Lawyers and Notaries of
Republic of San Marino.
The Board of Auditors, in its first meeting, elect from among its members the Chairman.
The Board shall perform the following functions:
- monitors compliance with the laws and the principles of proper administration;
- And oversee the organizational, administrative and accounting Ente
Post and of the control system;
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- verifying financial management and that the financial statements to the underlying accounting records;
- Carries out regular checks on the progress in administrative accounting matters Ente Poste
drafting the minutes;
- Examines the statements referring to a special report to the Board of Directors;
- Carry out any other functions and duties attributed to him by law.
Subject to the Board of Auditors functions covered by this article, the budget
Ente Poste, prepared pursuant to the rules on corporate and banking supervision, is
audited by an auditing firm appointed by Ente Board of
designation of the State Congress. The task for the certification of the budget can not exceed
five years.


Art. 11
(Incompatibility, revocation and forfeiture from office)

The office of member of the Board of Directors, the President and member of the Board of Auditors is incompatible with
:
a) the quality of the Great and General Council member, the State Congress and employee | || Ente Poste;
B) the acceptance of positions in enterprises, organized individually or collectively, they have
skills, interests or engage in any activity or related functions, connected or related to those of skill
Ente Poste;
C) the assumption of management duties or status of officials or employees in the companies referred to in point b
);
D) equity participation or any interest in the companies referred to in point b);
E) the assumption of corporate offices, the quality of officer, employee,
equity participation in companies, organized in collective or individual form, that carry out activities or have
skills, related functions, and related connected with those of Ente Poste relevance.
The members of the Board and the Board of Auditors are removed from their
charged by the Great and General Council if it does not fulfill the conditions laid down in the previous paragraphs
or in the event that they are no longer able to run their business.
In the case of the resignation of the members of the Board of Directors, the
President and the Board of Auditors shall remain in office until they are replaced.
The replacement of lapsed members, revoked or resigning is made by the Great and General Council
during the first meeting after the communication.


Art. 12
(controls system)

The Director is required to organize and ensure a system of checks, approved by the Board of Directors
assent of the Board of Auditors, meaning the
set of rules and procedures to ensure compliance with the strategies
business and achieving the following goals:
- effectiveness and efficiency of business processes (administrative, risk management, production, distribution
, etc.);

- Reliability and integrity of accounting and management information;
- Conformity of overall operations with the law, supervisory regulations and the
policies, plans, regulations and internal guidelines.
The System of the Postal Financial Sector Controls is structured on three separate levels
governing the company risk control: line controls (first level), controls on risk
management and compliance (level II ), internal audit controls (level III).
The Ente organizational structure must ensure the necessary separation of functions
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and operational control.
The Director reports to the Board of Directors and the Statutory Auditors of
functionality of the internal control system.
The Board of Directors and Board of Auditors, each in the fields of its competence
, they are required to verify compliance with internal procedures and perform a periodic
monitoring the adequacy and effectiveness of the system.


Art. 13
(Business activities)

The Ente Poste's activities are divided into the following services:
a) Postal Services;
B) Financial Services Stationery.
The activities and organization of their services are governed by special decrees
delegates.
With regard to the activities pertaining to the Postal Financial Services, the National Post Office is subject
supervised under banking legislation and person designated under the legislation
field of combating money laundering. Given the nature of public entity and specific
of the activities, the decrees referred to in the preceding paragraph, referring to the Financial Services
Postal, determine which rules on banking, finance and money laundering, and such | || exceptions, are applicable to the Ente Poste. The supervisory authorities, in its regulations,
may enact specific regulatory provisions on the Entity.
The services mentioned in the first paragraph, as described in relation to the Financial Services
Postal Annex A) this Act may be amended or supplemented by special decree delegate
to respond to changes in service requirements , the market and the context relevant regulatory
.
The allocation of human resources to the tasks mentioned in the first paragraph is willing
in accordance with the regulations in force in view of the requirements and quantitative Ente
same.
The Ente Poste shall take the most suitable forms of communication, including information technology, for
promote the activity and bring transparency to its deliberations. Also takes steps to provide users with more suitable
also services online.


Art. 14
(requirements)

In Ente needs there are two figures of Expert / Manager to be sought
preferably from among the employees of public sector bodies or participated by the State or
between professionals with specific experience in the field or between enrolled in redeployment lists, which is in charge
activities respectively relating to postal services relating to financial services and postal
. The professional features of these non-managerial staff are provided by the requirement
firm Ente Poste understood that the figure in charge of overseeing postal financial services are
required skills and specific responsibilities in relation to these services and the function of Vice
Ente Director assigned to it.


Art.
15 (Financing)

The Ente Poste has guaranteed funding through revenue collection of postal services and postal financial
, other income from activities performed on behalf of the
offices 6
public administration and the public sector, concession fees, donations and
donations, contributions from public or private entities and State funding
in the manner prescribed by the laws.


Art. 16
(administrative accounting regime)

The financial management Ente Poste is performed in accordance with Law 30 of 18 February 1998
"General Accounting rules for the organization of the State".
The entity is also required, because of the type of activity carried out, to conform,
in preparing the financial statements, the relevant accounting principles of private-law, therefore the preparation of
economic balance sheet and the notes Notes set out in rules made
companies to the specific provisions of the banking legislation on the balance sheet by
supervised parties.
The Ente administrative and accounting management is governed by a specific statutory instrument

Which may require derogations from Law 30 of February 18, 1998 in order to harmonize the accounting regime
pubblicistico with the privatization.


Art. 17
(Ente Poste Transformation into a stock corporation)

In order to optimize the efficiency of the services offered in accordance with the addresses international
Universal Postal Union, to reduce operating costs and enable a more functional
articulation of the operating segments, is given sent to the Congress of State, following
periodic check on the objectives achieved and the strategic choices identified by the Board of Directors
, to submit to the Great and General Council a draft law for the transformation of Ente
in Society for the San Marino law actions of public property.


Art.
18 (Taxation)

The Ente Poste is exempt, as the taxpayer, from all taxes and duties provided by the Ordinamento
.


Art. 19
(Ente profit)

Profit Entity will be paid to the State unless the reinvestment or provision to the Funds reserve
line with the guidelines of the State Congress.



Art.20 (Transitional provisions)

The provisions of this Act, relating to accounting procedures and administrative Ente
are implemented after the entry into force of delegated decree in the last paragraph of Article 16.

The preparation the private-budget becomes mandatory activation of
postal financial services.
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Pending the entry into force of the decrees referred to in Article 13, the Agency
Poste takes in all respects, for activities not related to telecommunications, the Post Office Department and Telecommunications
of Law 106/1993 and OU Posts and Telecommunications of which
Article 20 of Annex a to Law 188 of December 5, 2011 for the completion of tasks and functions to
conferred on it as well as for the preparation of all steps necessary to complete the same operation
Entity under this law.
As a result of the provisions of the preceding paragraph, the National Post Office takes over all contracts,
Agreements and Conventions in force at the date of processing until their natural expiration.
Until the definition of the requirements of quality and quantity of Ente Poste staff, regular staff
Sector Poste provided for in Title XI of the Law 106 of 17 September 1993 remains
assigned by Ente current qualifications; staff with employment being at
Poste sector, be it coming from the rankings that charge at a higher level shall be extended
in his role and assigned to Ente Poste, according to the general provisions in force for the
public sector.
The staff related to the telecommunications sector in Title XI of the Law of 17 September 1993
106 is assigned to the Department of Economics to the new provisions
matter.
When employees Ente Poste applies the pay and conditions
provided for employees of the public sector.


Art.
21 (Repeal)

It 'repealed all provisions contrary to the present law.


Art.
22 (Entry into force)

This Law shall enter into force on the twentieth day following that of its legal publication
.


Our Residence, this day of 21 May 2012/1711 dFR



THE CAPTAINS REGENT
Maurizio Rattini - Italo Righi






THE SECRETARY OF STATE FOR INTERNAL AFFAIRS Valeria Ciavatta


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ANNEX A FINANCIAL SERVICES POSTAL - FINANCING ACTIVITIES ENTITY



A) Exerts banking limited to the collection of savings:
- by deposits, including postal current accounts;
- Also by bonds;
B) provides payment services, as defined in Annex 1, paragraph I, of the Law of 17 November 2005
n. 165 and subsequent amendments and additions;
C) dispenses the issuance of electronic money services as defined in Annex J of the Law
17 November 2005 n. 165 and subsequent amendments and additions;
D) provides the collection and transfer of funds within the international circuits
Eurogiro and Moneygram;
E) delivers the emission and payment services money orders;
F) places financial instruments on behalf of the State;
G) assumes credit or financial exposure only to the state and the wider public sector
.

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