New advertising requirements for companies
Article 42 of the 2008 Community Law, which was transposed into our law by Law 88/2009, introduced certain disclosure requirements for companies (see Articles 2250 and 2630 of the Civil Code as amended by Article 42 of Law 88/2009) to which it is suggested that they comply as soon as possible.
Sanctions
In fact, all companies that omit or delay the required fulfillments will incur the penalty set at a minimum of €206 to a maximum of €2,065, according to the provision of Article 2630 of the Civil Code, to be charged to each member of the administrative body.
What to do
Some information will have to be made public in documents (e.g., contracts, invoices, orders), correspondence (e.g., letterhead, e-mail).
Corporations are also subject to an additional obligation, namely, to also publish the information on their websites.
For partnerships, the following should be entered:
- headquarters
- Registration number in the commercial register with which the enterprise is registered
For corporations:
- headquarters
- Registration number in the commercial register with which the enterprise is registered
- Subscribed capital and paid-up capital according to the latest balance sheet
- The status of liquidation, if in progress
- the words “single-member,” if any.
The optional actions
The law under comment also provided for corporations to have the option of publishing the documents, for which registration or filing is mandatory, in a special section of the Commercial Register in another official language of the European Communities.
This publication must be accompanied by an expert’s sworn translation (Article 42 of the Act, Civil Code Article 2250, Paragraph 5).
In case of discrepancy between the deed in the Italian language and the deed published in a different language, these deeds will not be enforceable against third parties, without prejudice to the company’s right to prove by such third parties that they are aware of the contents of the deed in the Italian language.
