Advanced Search

October 1973 N 37

Original Language Title: Ottobre 1973 N 37

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
LAW 5 July 1974, n. 56 (published in the albo of the Public Palace on July 16, 1974).
Statute of the consortium for the management of the solidarity fund in favor of the farmers
under Law 25 October 1973 n. 37.

We the Captains Regent of the Most Serene Republic of San Marino
promulgate and publish the following law approved by the Great Council and
General in the meeting of 5 July 1974.
TITLE I °
name, location, duration, purposes.
Art. 1
According to the effects of the law 25 October 1973 n. 37 is made up of the "Consortium for the
managing the Solidarity Fund" in favor of Agricultural Workers.
Art. 2
The Consortium, regulated by this Statute, based in San Marino, in the Office of State Agricultural and Forestry
, and carries out its activities throughout the Territory.
Art. 3
The Consortium has a term of 15 years by the act constructively. The duration can be extended by
deliberation of the Executive Council as provided for in section 1 of the art. 18.
Art. 4
The Consortium, which has no profit purposes and that is governed according to the principles of the law 25 October 1973 n
. 37, aims to compensate the shareholders, within the lim you set by this Statute, and according to
financial resources of the social fund, for damages caused by particular weather
hardships that have resulted in a reduction in the production of
crops not less than 10%. TITLE II

Dei members.
Art. 5
They can be part of the Consortium agricultural producers with the requirements of the law 20 March 1974 n
. 22 and its implementing Regulation.
Art. 6
Applications for Membership of the consortium must be submitted to the Board of Directors of the Consortium
, elected at the first meeting of the Executive Council, as provided for in section 4 of the next
art.
16. The Board of Directors, after examining the questions, notify the applicant in writing of the outcome
within ten days from the date of the Board's decision.
Against the rejection of the application is allowed, within fifteen days of notification, written appeal to
Agrarian Commission, as stipulated in paragraph 2 of art. 4 of the law 25 October 1973 n. 37.
Art. 7
They can not be admitted to the Consortium those applicants who do not grow at all, or do not grow
according to good technical standards, their land.
Art. 8
Membership is lost through death, withdrawal, by exclusion.
The heir of the deceased partner takes over, in effect, to the member of the Consortium in the same
benefits since the end of the fiscal year; the heir, to be admitted to the Consortium, as well as
meet the requirements of the law 20 March 1974 n. 22 and its implementing regulation,
must apply to the Board of Directors which is responsible, under the next
art. 23 point 1), to decide on admissions and to rule on the requests in
next meeting following the November 30, deadline by which applications must be submitted
for the next year.
Art. 9
The shareholder who intends to withdraw from the consortium must submit the declaration in writing to the Board of Directors
least four months before the fiscal year closure.
Art. 10
Exclusion from Consortium takes place when the person:
1) has lost the requirements for admission;
2) is to be located, after approval, in the conditions of Article. 7;
3) fails to pay the contribution under Article 7 - paragraph 1) of the law 25 October 1973 n
. 37;
4) violates the statutory provisions.
The exclusion is decided by the Board of Directors and notified to the member in writing, stating the reasons
, within ten days of the decision.
Against the Board's decision is allowed, except for the reasons mentioned in point 3, written appeal
Agriculture and Forestry to the Commission within fifteen days of notification.
Art. 11
The members have the obligation of strict compliance with the provisions of this Statute and those that
will eventually be issued by the Board and approved by the Great and General Council
.

TITLE III Organs of the Consortium:
constitution, powers, operation.
Art. 12
of the Consortium are:
a) the Governing Council
b) the Board of Directors
c) the Board of Auditors
d) the Commission of Experts
e) Board of Arbitrators.
Art. 13
The Executive Board is made under Article. 3 of the law 25 October 1973 n. 37, 17
members appointed as follows: two from the Congress of State, representing the Public
Administration; 3 from each of the following class to: share-croppers, farmers, renters,

Farmers; 1 from each Trade Union Confederation; 1 by the Association of San Marino
Agricultural Producers (ASPA).
Art. 14
Meetings of the Board of Directors may or may nary and extraordinary. The regular meeting
take place at least once a year and must be ata convo within four months from the closing fiscal year
.
The extraordinary meeting may be convened:
1) at the written request of at least one third of members of the Board;
2) at the request of a majority of members of the Board of Directors;
3) at the request of the Board of Auditors.
Art. 15
The notice of meeting of the Board shall include the agenda and the indication
of the date, time and location of the venue where the meeting will be held.
The same notice must be posted at least eight days before the date set in the premises of the head office
and communicated within the same period, the domicile of the members of the Council.
Art. 16
It 'competence of the Board:
1) approve the final budget of the Consortium;
2) propose to the Great and General Council any changes to the level and mode of
contributions of members;
3) determining any compensation to the Secretary and the Treasurer;
4) to elect the members of the Board of Directors, the Board of Auditors, the
Commission of Experts and the Board of Arbitrators, reserved by these Articles
its competence, as well as replacement of the same when they come and missing;
5) extend the activities of the Consortium to ch initiatives where appropriate, were delegated by
Great and General Council;
6) discuss and resolve on matters not within the competence of the anus rie t
extraordinary meeting, the agenda, or to dliberazione of the Board of Directors, or on request of the College of Mayors
or at least one third of the members of the same Board of Directors.
Art. 17
The regular meeting is validly constituted when it intervened half more '
one of the members making up the Board of Directors.
Resolutions are passed by a majority of the votes expressed by the members attended the meeting.
Art. 18
It 'competence of the extraordinary meeting:
1) to extend the terms of the duration of the Consortium;
2) dissolve the Consortium;
3) propose to the Great and General Council modifications to the present Statute or to introduce others.
Art. 19
The extraordinary meeting is validly constituted when there are involved at least four-fifths of the members of the Council
.
The resolutions must be taken by a majority of two thirds of the members attended, except
provisions relating to early termination set forth in art. 41.
Art. 20
The meetings are chaired by the Chairman of the Board of Directors.
Voting and election of company officers poss not be made in open form, where the
of the Board members decide it unanimously.
In open voting, in case of a tie, the vote of the President; in secret ones, in a tie, the proposal is rejected
.
The white boards and non-readable is only reckoned for determining the number of voters
.
Art. 21
The resolutions, which under the existing laws must be published or approved by authorities
or bodies of public administration, enter into force after they have taken place
such rules.
Art. 22
The Board of Directors consists of five m tates, four elected by the Board of Directors
within her; and one by the Commission Agriculture and Forestry.
The latter can be a competent partner of the Consortium does not even matter.
The councilors remain in office for three years and may be reappointed.
The Council, at its first meeting, elects, by a majority of four-fifths of the votes
, the president and vice president; the latter have the powers of the President in case of absence or impediment
, even temporary, of this.
Art. 23
It 'competence of the Board of Directors:
1) decide on the admission, withdrawal and exclusion of members;
2) appoint the Secretary and the Treasurer;
3) prepare the financial statements;
4) provide for the administration and operation of the Consortium and carry out all acts of ordinary and extraordinary administration that
, according to this Statute, are not the responsibility of other corporate bodies
.
Art. 24
The Board of Directors shall meet the time the President or the majority of
Directors deem it necessary, and must also meet at the request of the Board of Auditors,

To examine the arguments that it deems necessary to put to it.
The Board meetings shall be convened by invitation delivered to all Directors
least five days before the meeting and are valid when a majority of the members involved.
The Board of Directors decides to maggioranz vote of those present;
in case of a tie the vote of the President.
The Board of Directors, unanimously, the President may delegate part of its functions provided
numbers 2 and 4 of the previous article.
Art. 25
The President is the legal representative of the Consortium.
In case of absence or impediment, even temporane, is replaced by the vice president under the previous
art. 22.
Art. 26
The Secretary and the Treasurer may be appointed to that among non-members of the Consortium.
The two appointments may be the same person.
The cash service can be entrusted to a banking institute.
The Secretary attends all social bodies in the performance of their duties and draw up the minutes of the meetings
; by correspondence and kept all the documents and records necessary to
the administration of the Consortium, while maintaining the archive, it fulfills all the tasks
are entrusted by the Board of Directors and the President.
The Treasurer keeps the speaker in the provisions of the Board of Directors and has the responsibility
, collects the contributions of the members and of the Public Administration and anything else
may constitute revenue order for the Consortium; pay compensation for the damages suffered by the members,
operating expenses and whatever else may be itle output for the Consortium.
The Cashier performs every movement of money on the basis of supporting documentation,
signed by the President of the Consortium and from it Cashier.
The payment orders and checks will have to bring the joint signatures of the President and the Secretary
.
Art. 27
The Board of Auditors is composed of:
1) three members, one appointed by the Great and General Council, with the functions of
Chairman of the Board, and two elected by the Board of Directors among its members;
2) two alternate members, one of which is elected by the Great and General Council and the other by
Board of Directors among its members.
The Auditors remain in office for three years and may be reappointed.
The Consortium of Mayors have the responsibilities and tasks assigned to them, by the laws of
matter, to the companies' auditors.
Art. 28
The Commission of Experts, pursuant than stable or art. 5 of the law 25 October 1973 n. 37
consists of:
- a full member and one alternate appointed by the Commission Agriculture and Forestry;
- Two members and two alternates appointed dalConsiglio Directors;
- A full member and one alternate for each Trade Union Confederation;
- A full member and one alternate appointed by
Agricultural Producers Association of San Marino (ASPA).
The actual Experts choose among them the President of he Commission.
The Experts alternates may replace one or more 'Experts also ffettivi in ​​cases of absence or temporary impediment
.
If special circumstances so require, the Presid nt of the Board of Directors may authorize
alternates to function as a second Commission of Experts.
The Commission of Experts has the task of conducting the survey and estimate of damage suffered by members
following the occurrence of rainfall events in art. 2 of the law 25 October 1973 n
. 37.
The results of each survey (with any Confidential and objections made by the surveyors) will be indicated on the appropriate country
newsletter to be drawn up in three copies of which will be issued to the shareholder will be sent a
the Board of Directors and a conserved by the Commission of Experts.
The Commission's decisions can be made ogg tto appeal to be submitted to the Commission within five days
Agriculture and Forestry, which is conclusively resolved.
Art. 29
The Appeals Board consists of three members; two elected by the Board among members and one by the Commission
Agriculture and Forestry.
The Board is chaired by the most 'senior member.
The Arbitrators remain in office for three years and may be reappointed.
The Appeals Board shall decide all disputes between the various governing bodies of the Consortia and
between them and members, which in any case concern the interpretation and application of this Statute.
Art. 30
The appeal to the Appeals Board must be pro osto within fifteen days of notice of
causing the dispute.
Art. 31

Normally all social charges are free unless those of the Secretary and the Treasurer, for which
an all-in fee shall be established, and Experts to which it will be an attendance
case of members or non-members as a result of absences from their usual occupations
be deprived of its earnings or rddito of missed work.
For Experts Public Administration employees receive compensation commensurate with
Their extraordinary performance.
The remuneration and the token above will be tabiliti by the Board of Directors.
Art. 32
The different members of the various governing bodies, appointed by the Great and General Council and the Commission
Agriculture and Forestry, can be removed or replaced at any time by organisms
themselves.
The decision is communicated in writing to the parties concerned and to the Board of Directors
of the Consortium, who will take appropriate disposizi ni for you to have running.

TITLE IV Risk Insurance.
Art. 33
By law 25 October 1973 n .37 the purpose of this Statute each member shall report to the Consortium
all cultivated land and owned in any capacity; The complaint must be made to
time of submitting the application for admission to the Consortium through the presentation of cadastral documents
proving the possession and the Office of Tax certificates proving
the rent of the land, as well as the ' amount of the cadastral income or employment income.
The member is obliged to report purchases or assumption in rent of new surfaces. Unless
fulfill this obligation, the Consortium will not work in his favor, for that land.
Art. 34
The cadastral income and the earned income are the parameter on the basis shall be calculated,
in accordance with art. 7 of the law 25 October 1973 n. 37, the amount of the contribution that
The member must pay to the consortium to be entitled to compensation for damages suffered as a result of
occurrence of damage due to causes covered by the Act more 'mentioned above.
The damages will be paid to shareholders by December 31 of each year and paid within
January 10 of the following year, on the basis of the opinion prepared by the Committee of Experts, in
result of inspections carried out immediately after the occurrence of the meteor.
Art. 35
The cadastral income and work will have to be updated, especially as regards the areas sown
plant new vineyards already in production, by the Committee of Experts that this
purpose, and behind mandatory reporting of members at the time of submitting the application for admission
, will carry out the necessary inspections to f it to ascertain and establish new facilities for the class transfer
and the corresponding cadastral rate of King dominicale finger and work.
If the shareholder fails to perform its mandatory reporting, extended to systems installed
after the application for admission to the Consortium, the Consortium will stick to what
established in art. 33, third paragraph.
The vineyards newly formed insurance to enter into the third year.
The income rates dominicale and work that will be applied are the same
still in force at the Land Registry Office.
Art. 36
The reports of the damages suffered by the shareholders must be received by the Board of Directors of
Consortium, or the Commission of Experts, within four days from the moment the meteor
event occurred.
Art. 37
Product prices that have suffered damage as a result of meteorological events are established by
Commission of Experts, in accordance with the Board of Directors, based on current market prices
.
The members are required to pay the contribution envisaged by art to the Cashier of the Consortium. 7 of the Law of 25 October 1973
n. 37.
The contribution may be changed by the Great and General Council, on a proposal of the Executive Council
, the percentage of the cadastral income and employment resulting from proceedings
Office of Cadastre, or updated as required by precedent art. 35.
The contributions must be paid by the shareholders by January 31 of each year.
Art. 38
The Consortium does not match compensation in the following cases:
1) failure or delay in the complaint of the damage;
2) arrears in the payment of the member's signature contribution to an article earlier;
3) damage caused by fire and theft;
4) damages attributable to intent or to the member concerned and the fault of the people of which this is
responsible;

5) failures due to missed cultural care - regular treatment and fertilization, pesticide treatments including
not performed in due time;
6) refusal by the member of the Commission of Experts to carry out the necessary inspections to
determine the existence and extent of damage;
7) collection and use of the products before the Commission of Experts has established
the actual extent of the damage.
When products are affected in the imminence or in the course of collection, the shareholder, provided that has already
regularly denounced the damage can begin, or continue collecting it, so that it can be performed
expertise, must leave in all the corners and the center of each plot denounced the
samples, whose extent is this from being able to easily detect the exact extent of the damage caused by the event
meteor that hit the individual plots.
The refusal of indemnity of the damage is the responsibility of the
Consortium Board of Directors. TITLE V °

Administrative Order.
Art. 39
The fiscal year coincides with the calendar year.
The social accounts shall be kept by the Secretary, in accordance with the provisions of the Council of
Administration, jurisdiction under Article. 23, paragraph 4.
The annual budget has to put into clear relief all administrative
developments during the financial year and must be accompanied by a detailed demonstration of equity Share
and the profit and loss account at year-end.
The budget must be brought to the attention of the Executive Council, together with the report of the Auditors
least 15 days before the regular meeting of the Board.
The balance sheet and profit and loss accounts, approved by the Board pursuant to art. 16
within 30 days from the approval must be submitted to the Great and General Council under Article. 8
of the law 25 October 1973 n. 37.
Art. 40
The surplus funds make up the reserve fund. TITLE VI Dissolution and liquidation
.
Art. 41
The dissolution can occur:
1) for completion of the term set by art. 3 of this Statute;
2) for special early resolution.
The resolution for the fulfillment of the term dissolution is taken by the Executive Council at its regular meeting
approving the last budget, which shall appoint the liquidators and the rules
liquidation as provided for in the next article.
Under Article. 19 the early dissolution resolution is the Executive Council
competence specially convened an extraordinary meeting, notifying its written invitation to each member individually
.
Without prejudice to the provisions of this Statute, the validity of the extraordinary meeting, the decision of early termination
must include the favorable vote of at least nine-tenths of the attending members.
Art. 42
Without the obligations and rights of the shareholders, the extraordinary meeting, acting dissolution
anticipated under the previous article, will establish the rules of liquidation and appoint the liquidators
to be five in number of two appointed by the Great and General Council
chosen from among the members of Dirett vo Council, with the exception of Mayors.
The shareholders' equity resulting from the liquidation balance sheet will be donated to the purposes and works of
general interest in agriculture, according to art. 8 of the law 25 October 1973 n. 37. TITLE VII °

transitional and general provisions.
Art. 43
The Board of Directors has the right to introduce any amendments to this Statute
which, upon approval, were required by the Great and General Council.
Art.
44 All matters not provided in this Statute, the rules applicable laws.
Our Residence, this day of July 9, 1974 to 1673 Foundation of the Republic THE CAPTAINS REGENT

Piva Ferruccio - Giordano Bruno Reffi

THE SECRETARY OF STATE FOR INTERNAL AFFAIRS
Giuseppe Lonfernini