Suspended the deadline for communicating the data of the beneficial owner at Chambers of Commerce from the TARoriginally set forDecember 11, 2023 as foreseen by Law Decree (29 September 2023) of the Ministry of Business and Made in Italy (Mimint) on theCertification of the operation of the data communication system and information on beneficial ownership, and published in the Official Journal – General Series n. 236 on October 9, 2023.
Suspension and postponement
L’TAR order (n. 8083 7 December 2023) of Lazio (fourth section) has established that the suspension will remain in force until the final decision on the appeal, which will be dealt with in a public hearing on March 27, 2024.
The appeal to the TAR against the communication of the beneficial owner
There Suspension was ordered following an appeal to the TAR (n° 15566) made by a trade association, the Assoservizi Fiduciaridefended by lawyers Bernardo Giorgio Mattarella, Francesco Sciaudone, Davide Giorgio Contini and Carlo Angeliciwhich raised doubts about the legitimacy of the decree of the Ministry of Business and Made in Italy.
Reasons for the appeal against the declaration of the beneficial owner
The purpose of the appeal was to obtain thecancellation of ministerial decrees which provided for the establishment of the new register and the simultaneous suspension, as a precaution, of the applicability of the rules that regulate its functioning. THE reasons for the appeal they are mainly to be found in the illegitimacy of the inclusion of fiduciary mandates referred to in the Decree of the Ministry of Industry of 16 January 1995 among the legal institutions similar to the trust and in the even more serious illegitimacy of the system of access to the data and information contained in the new register which puts the protection of people’s privacy at very high risk .
“We have decided not to wait any longer and to file this appeal – declared Dr. Ruggeri, founder and CEO of Across Fiduciaria – because we believe it is good to see it clarified once and for all that trust companies are entities, like banks and intermediaries, equipped with the organizational and control requirements necessary to effectively combat money laundering and terrorist financing”.
“Compare the fiduciary mandate referred to in the decree of 16 January 1995 to a trust – added Dr. Marco Montefameglio, CEO of Galvani Fiduciaria – means questioning more than sixty years of jurisprudence also adopted by the tax administration most recently with circular 31/E as well as by the Legislator who, on several occasions, on the occasion of the various tax amnesties (Tax Shield first and Voluntary Disclosure then) gave clear proof that he was well aware of the great differences existing between the two institutes”.
SEE Ordinance of the TAR of Lazio, fourth section (n° 08083/2023) which decrees postponement of the expiry date of the communication of the beneficial owner to the Chambers of Commerce.
Request for notification of beneficial owner to the Chamber of Commerce
Below we report the text of the email sent by the Rome Chamber of Commerce to businesses, where it indicated the expiry date of theDecember 11th and requested the communication of the beneficial owners.
Dear XXX |
from 10 October 2023, the obligation to communicate the Beneficial Owner to the Company Registry is in force for all joint-stock companies. If you still have to make the communication and are among the obliged companies, we invite you to do so by 11 December 2023 to avoid violating the art. 2630 of the Civil Code, which provides for an administrative fine ranging from a minimum of 103.00 to a maximum of 1,032.00 euros. We remind you that the communication to the Company Registry must be made with a dedicated practice that requires the digital signature of an administrator. All information in this regard is available on the website set up specifically for this purpose ownereffective.registroimprese.it.
If he does not have the Digital Signature you can ask for it at the counters of your Chamber of Commerce, or you can obtain it completely online at id.infocamere.itor even request it from market operators. We remind you that you can consult all the information about your company for free via the entrepreneur’s digital drawerat the address impresa.italia.iteven from a smartphone or tablet. For any need you can contact your Chamber of Commerce. |
Chamber of Commerce, Industry, Crafts and Agriculture of ROME |
Register of beneficial owner in the Chamber of Commerce
Anti-money laundering directive required EU member states to establish a public register of beneficial owners of legal persons, in order to facilitate the identification and monitoring of such subjects. In Italy, this register is managed by the Chambers of Commerce.
Decree of 29 September 2023 of the Ministry of Business and Made in Italy, containing “Certification of the operation of the system for communicating data and information on beneficial ownership”, published in the Official Journal – General Series no. 236 of 9 October 2023;
Who is obliged to communicate it
The categories subject to the obligation of the beneficial owner include joint-stock companies, cooperative societies, public economic bodies, private legal entities, trusts and legal institutions similar to the trust. The information required for communication includes name, surname, date and place of birth, citizenship, residence, tax code or VAT number, percentage of participation in the share capital or assets, and the functions and powers exercised. The communication must take place within 60 days from the date of registration in the Business Register.
In the automotive sector in Italy, companies incorporated into joint-stock companies and private legal entities, such as car manufacturers, dealerships, car and spare parts dealers, mechanics.
What is the beneficial owner’s communication for?
The obligation of such communication would have several objectives, including improving the transparency of companies and entities, facilitating investigations by the authorities in the event of crimes, and protecting the rights of creditors, allowing them to identify the responsible parties in the event of insolvency.
Register of beneficial owners in the Chambers of Commerce, how it works
ll October 9, 2023 was published in Official Journal the decree of the Ministry of Business and Made in Italy which certified the operation of the system for communicating data and information on beneficial ownership. All obliged entities, i.e. joint-stock companies, cooperative companies, public economic bodies, private legal entities and trusts, should have fulfilled the communication obligation within 60 days of the publication of the decree.
To fulfill the communication obligation, the obliged subjects must be in possession of the DITAL SIGNATURE and use the TO SAYthe Single Environment for Compiling Business Registry Practices.
All information in this regard is available on the website set up specifically for this purpose ownereffective.registroimprese.it.
Company information is available free of charge on entrepreneur’s digital drawerat the address impresa.italia.iteven from a smartphone or tablet.
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