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existence of constrains due to pending
criminal prosecutions or any information
relating to possible connections with
organised crime aiming at orientating
the policies of companies and firms run
by people charged with said crimes, influence
the issuance of licences and authorisations
by the Public Administration, as well
as the very possibility of entering into
or approving contracts with the Public
Administration.
For instance, in order to contract to
carry out works or provide goods to the
Public Administration for an overall value
exceeding 150 thousand Euros, it is necessary
to produce a certificate, attesting that
the relevant person is not subject to
security measures applied to people involved
in organised crime, the so-called Certificate
of non-involvement in organised crime
(Certificato Antimafia). Said certificate
attests the non-existence of any ground
for disqualification, banning or suspension
(based on a precautionary final judgment
or preventive action).
Certificates of Registration in the Business
Register and Company Profile Certificates
including attestation of “non-involvement
in organised crime” have the same
value as any relevant document issued
by Prefectural Offices.
Certificates including attestations of
non-involvement in organised crime can
be requested to any Chamber of Commerce,
by indicating the Business Register where
the relevant company is registered.
The Chamber of Commerce’s information
system, connected to the information system
of Rome’s Prefectural Office, searches
for any impediment to the issuance of
certificates including attestation of
non-involvement in organised crime, for
people holding offices within any company.
Depending on the various types of businesses,
the position of the following people is
investigated:
For Sole Proprietorships: the entrepreneur;
For General Partnerships: all partners;
For Limited partnerships and Partnerships
Limited by Shares: general partners;
For stock companies, limited liability
companies and cooperative societies: their
legal representatives and all Directors;
For companies with branches in Italy:
their permanent representatives in Italy;
For entities registered in the Repository
of administrative and financial information
(REA): their Legal Representatives and
Directors;
For consortia with external activities,
consortia and cooperative consortia: their
legal representatives, Directors and any
member owning a stake exceeding 10%, as
well as members on behalf of whom consortia
exclusively interact with the Public Administration.
Should the investigations carried out
by the Chambers of Commerce lead to the
identification of sensible information,
in that the person being investigated
is included in the Prefectural Office’s
database, the relevant certificate of
non-involvement in organised crime is
not issued and the applicant is referred
to the Prefectural Office. He/she shall
be entitled to request the above-mentioned
certificate directly to the Prefect, without
the collection of the aforesaid information
entailing restrictive measures for the
person being investigated.
Conversely, if there are no grounds for
disqualification, banning or suspension,
a certificate is issued including the
full list of people investigated and granting
permission for all intents and purposes
provided for by Law n. 575 dated May 321,
1965, n. 575 and subsequent modifications.
Certificates issued by the Chambers of
Commerce including attestation of non-involvement
in organised crime are valid for six months
after their issuance.
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