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How to subscribe to the role of the Chamber of Commerce speaks

The criteria for inclusion in the Roll agents and sales representatives established within each Chamber of Commerce and Agriculture shall be established by Law 03.05.1985, n. 204 (OJ No 119 of 05.22.1985) on Discipline of agent and sales representative and the Ministerial Decree on 21.08.1985 (OJ No 212 of 09.09.1985) Implementing rules of the Law 03.05. 1985, no 204. The application form must be submitted to the Commission established by the Chamber of Commerce of the Province of residence. Many Chambers of Commerce as transposing the European Court ruling which stated the freedom of movement, the member states of the European Community, of commercial agents. Therefore the registration can be made directly to the Companies Register of the Chamber of Commerce without having to subscribe to the Role of Agents. (Informasi at your Chamber of Commerce). PERSONS AUTHORIZED TO ENGAGE IN THE BUSINESS OF COMMERCIAL AGENCY (individuals / companies) PERSONS NOT AUTHORIZED TO ENGAGE IN THE BUSINESS OF COMMERCIAL AGENCY (individuals / companies) salesman mediator salesman purveyor of business subagent commission agent for the attempted sale employee agent with deposit insurance agent agent that also trades on its own realtor agent who sells to private consumers buying for their own use travel agency and tourism shippingagent REQUIREMENTS TO REGISTER - ART. 5, L. 204/1985: the subject must possess the following requirements: 1. REQUIREMENTS TO FORM: be an Italian citizen or national of a member state of the European community or a resident alien in the territory of the Italian Republic; enjoy the exercise of civil rights; not play: activities as an employee at: persons, associations or public or private activity for which compulsory registration is required in the roles of mediators; having completed compulsory education achieving its title; not be disqualified or disabled, or failed; not be condemned (as res judicata): for crimes against: public administration; the administration of justice; public faith and the economy; industry and trade; for the crime of murder, theft, robbery, extortion, fraud, embezzlement, receiving stolen property and for any other crime for which the intent law imposes the penalty of imprisonment of not less than 2 years minimum and a maximum of five years, unless they have been rehabilitated. NB: if there has been suspended sentence, is still entitled to be registered in the role or not removed from the register itself. decriminalization of minor offenses: the Legislative Decree no. 30.12.1999, No 507 (published in Ordinary Supplement No. 233 / L the OJ No 306 of 31.12.1999), in accordance with Law No delegation 205/1998, has turned in several administrative violations misdemeanors. The measure became operational January 15, 2000 (15 days after publication in the Official Journal), except the part relating to the issuance of checks without authorization and issuance of checks without funding, which will be fully operational only with the approval of a ministerial regulation (after consultation with the Bank of Italy and the Guarantor for the protection of personal data) for the operation of the archive in which information will be entered the names of those who stand out checks without cover. To issue a rule there are 180 days after the entry into force of the decree. 2. PROFESSIONAL REQUIREMENTS: A) successfully attend a specific vocational course established or recognized by the regions. The professional courses, prior approval of the Regions, are organized by: ENASARCO; Chamber of Commerce; other entities legally recognized public or private, whose institutional purposes also provide vocational training; companies or associations; MINIMUM FREQUENCY: 80 hours of instruction to be carried out in no more than a quarter. TEACHING MATERIALS REQUIRED: knowledge of commercial law, legislative and contractual framework of the agent and representative, the concepts of tax law, organization, technical sales, social protection and welfare of agents and sales representatives. FINAL EXAM: will be argued before a competent board. or B) be in possession of specific qualifications enabling , such as: 1. secondary school to address second-degree commercial - art. 5, paragraph 3, CM Artig Ind. Comm. 10.12.1985, No 3092 / c; CM Artig Ind. Comm. 04/29/1986 No 109 - obtained at: commercial technical institutes, with their specialization: office address, business address, accountant, business expert, programmer, foreign trade expert section; technical institutes for experts in business and related languages ester; technical institutes for tourism; 2. equivalent professional qualifications awarded by institutions of state for trade - CM Artig Ind. Comm. 05/17/1991 No 3243 / c: baccalaureate professional analyst firm; secretary of administration; trader; trader of food products; engineer of the hotel business; tour operator; diploma of professional qualification: accounting clerk company; clerical staff of the company; charge shipping companies to transport involved in the preservation of foodstuffs; employee tourist offices ; engaged in secretarial and administration of property; 3. types of degrees in law or commercial Economics; Law, Political Science ; Sciences Economics liner Statistics; Sociology; Economics; Sciences economic and banking; Economics, Business Administration ; Sciences Banking and Insurance; or C) have served as an employee their work in a company for at least 2 years, although not continuously, over the past 5: with the position of traveler salesman; with the position of director or employee qualified with membership of the two highest levels of their employment contracts. TERMS OF ACCEPTANCE OR DENIAL OF THE APPLICATION FORM : to be communicated to the person within 60 days of submission of application. In case of refusal the Commission President shall notify the person within 15 days of deliberation. ACTION: In case of non acceptance of application is possible, the interested party to appeal to the Central Commission established within the Ministry of Industry and Trade within 30 days of service, giving, however, also informed the local Commission on the payroll. If within that period the person concerned did not appeal the cancellation decision becomes final. TRANSFER FROM ONE OFFICE TO ANOTHER BY A ROLE Member's: within 90 days after transfer of residence in another province, agent or representative must apply for membership at the Chamber of Commerce located in the province of his new residence. CANCELLATION THE ROLE : the removal from the register agent and sales representative is: - per request of the individual; - for legal prohibition or disqualification; - for lack of legal requirements and professional provided by art. 5 of L. 204/1985. Registration fee: € 31,00 for administrative fees, payable on giro account held by the relevant Chamber of Commerce and € 129.11 for the government license fees. DOCUMENTS TO CLAIM - IMPLEMENTATION OF REGULATION (DM 21/08/1985) : you must attach the following documents: residence certificate; citizenship certificate for Italian citizens and those of one of the EU member states; way of lower secondary school degree or above in the original or a certified copy; OR FOREIGN NATIONALS OF THE MEMBER EU : they must attach the original or a certified copy of a qualification that the Ministry of Education has recognized as equivalent to that required by law. received payment of charges; certification of professional qualifications required, such as: pass the attestation of the professional courses attestation of the progress the activity of travelers salesman or qualified employee demonstrated by from the work book, the substitute declaration or affidavit, made by an applicant or enrollment from the employer stating the period and the tasks performed by reference the level of contractual status; or clearance of the qualification enabling: certified copy stamp in secondary school second degree in business address; certified copy stamp on a degree in materials commercial or legal. Alternatively, the subject, with reference to the law Bassanini, can self-certify the above items. REVIEW OF THE ROLE: The role is subject to review every five years (Article 5, Law 204/1985). PENALTIES: expected administrative fine ranging from Euro 516 to Euro 2064: - charged to the person who illegally carries the work of staff; - borne by the client company that enters into agency agreements with non- registered under. The provincial committee monitors compliance with the provisions and shall notify the competent authority to those who worked as an agent or representative without proper registration in the register. Despite the EU Court of Justice (Case 215/1998 and 456/2000) has denied the need for compulsory membership of a role for practice as a commercial agent and despite a decision to that effect, the Supreme Court (4817 / 1999), the Italian law (204/1985) continues to impose the requirement. Without the membership role, Chambers of Commerce deny the Register of Companies of agents, even in the presence of a regular contract of agency. Against this situation, which endangers the proper competition, the Antitrust Authority - in conjunction with the discussion of the Community in 2001 - turned in a report to the chairmen Chambers because they remove the bottleneck. "This arrangement - writes among other things, the Antitrust Authority - is long outdated by Directive 86/653/EEC on the coordination of the laws of the Member States relating to Commercial Agents. Directive in the exercise of independent sales agent is not subject to any condition: the only exception may be granted to the member states concerned, in accordance with Article 13, the possibility of providing the requirement of written form for validity the agency agreement. "