Description
The authorisation to carry out the activity is issued by the Province to the owner of the enterprise who meets the following requirements:
a) is an Italian citizen or a citizen of one of the member states of the European Union established in Italy;
b) has reached the age of majority
c) has not been convicted of offences against the public administration, the administration of justice, public faith, the public economy, industry and commerce, or any other non-culpable offence for which the law prescribes a minimum term of imprisonment of two years and a maximum term of imprisonment of five years, unless a final rehabilitation sentence has been passed
(d) has not been subject to administrative measures of personal security or measures of prevention;
(e) has not been disqualified or incapacitated;
(f) holds the certificate of professional competence referred to in Article 5 of Law 264/91, issued by passing an examination and holding a second-degree higher education diploma or its equivalent
(g) has suitable premises and adequate financial capacity.
Pursuant to Article 3 paragraph 2 of Law No. 264/91, in the case of companies the requirements under paragraph 1 letters a), b), c), d) and e) must be possessed
a) by all partners in the case of partnerships (e.g. S.n.c.)
b) by the general partners in the case of a limited partnership or limited partnership limited by shares (S.a.s./S.a.p.a.)
c) by the directors in the case of any other type of company. (e.g. S.r.l.).
In the case of companies, the requirement under f) (certificate of professional competence) must be possessed by at least one of the persons under a), b), and c) of Art. 3(2), and the requirement under g) (suitable premises and financial capacity) must be possessed by the company.
Venue Requirements
Pursuant to Ministerial Decree of 9 November 1992 (G.U. No. 283 of 1.12.1992), the premises must be used exclusively for the activity of advising on the movement of means of transport, and the minimum height of the premises must be that laid down in the building regulations. The premises themselves must include an office and an archive with a total area of at least 30 square metres, of which not less than 20 square metres may be used for the former if they are located in different rooms, and sanitary facilities consisting of a bathroom and an ante-bathroom that are lit and ventilated.
Financial suitability
The aforementioned Ministerial Decree of 9 November 1992 (G.U. no. 283 of 1.12.1992) stipulates, inter alia, that financial capacity must be demonstrated by means of a certificate of creditworthiness for an amount of €51,645.69 issued by credit companies or institutions or by financial companies with a share capital of no less than €2,582,284.50.