Information on legislative updates
 

CREDIT COLLECTION - Our office has access to an important database which is very useful for credit collection purposes. It enables us to check the entire country (once we have been awarded the assignment), to see whether a certain subject (individual or company) owns any real estate or not. We can carry out these controls within just a few hours from when the request is made. Within the same period of time, we can also check, still all over the country, to see whether there are any mortgages, seizures or distraint on an individual's or company's property.

LATE PAYMENT INTEREST AT THE COMMERCIAL RATE: not everyone knows that, in compliance with Legislative Decree 231/02,  late-payment interest on commercial transactions (e.g. sale of products and/or services between entrepreneurs) varies at a rate, fluctuating every six months, of around 8% (in recent years) and 8.00 %, currently (at 30/12/'16). Interest starts automatically when the payment due date expires.

NATIONAL P.E.C. (certified email) INDEX: In government plans for the Agency for a Digital Italy, the long-awaited INI-PEC portal has started operations ( www.inipec.gov.it ); this is the National index of Certified Electronic Mail addresses. The portal groups PEC address together, updated based on information received from the chambers of commerce (in the company section) and from professional orders (in the Professional Party section). Access to the portal is open to everyone, with no restrictions. It is worth a reminder that communications sent from one PEC address to another are more reliable than a registered letter with notice of receipt as (unlike the registered letter) PEC content is certified as conforming. For the Public Administration, addresses can be found on the following website:  www.indicepa.gov.it .

MULTIYEAR INSURANCE POLICIES: right to withdraw. Law no. 40/'07 amended art. 1899 Italian civil code establishing the right for new policies to withdraw. This is also valid for those stipulated before the law came into force, as long the policy has been in force for at least three years. This innovation allows, especially companies and condominiums (but also individuals), one to withdraw from and/or renegotiate "old policies" at more favourable conditions.

TENDERS: For what concerns works carried out to execute a supply contract, the customer is co-responsible with the contractor for any accident occurring to the worker if it can be seen immediately that suitable  prevention measures were not adopted. In fact, the customer itself can realise measures are inadequate with no need for any further enquiries (penal Cassation Court n°22622/'08).

COMPANIES -Company Organisation Model: this is mandatory for all Companies. Following Legislative Decree 231/01, Law123/'07 establishes the principle by which the Company (already called on to respond civilly) is directly responsible, penally, amongst other things, in cases of manslaughter and serious or very serious bodily harm (e.g.: accidents in the workplace) committed in breach of anti-accident regulations and those on safeguarding workplace health and safety (Legislative Decree 81/'08 further increased offence types). Another topic of interest is that similar responsibilities have also been established for so-called company offences (art. 25 ter Legislative Decree 231/’01), such as false corporate communications, false statement in a prospectus, fictitious creation of capital, illegal operations involving corporate shares. The Company is called on to respond for the consequences of the offence committed by its Directors of by its employees with both monetary penalties and, in more serious cases or if the offence is repeated, with penalties that block its activities. The Company may no longer be considered responsible if it has provided itself with an effective Company Organisation Model, prepared specifically. This is the first element checked by the Public Prosecutor when examining the Company's criminal position. Our offices can prepare the model, in collaboration with other professional parties.