Safe Deposit - Figure guarantor - admission financial brokerage companies - two mandatory requirements - special entry on the list in art. 107 d.lg. September 1, 1993 385 - permit the former DPR March 30, 2004, No 115 - mandatory exclusion in the absence of such requirements by the sponsor (registration all'106 of Leg. 385)
Even in a process of project financing, the broker must have the financial guarantor double requirement: registration in the special Article. 107 Leg. 385/93 and authorized under Presidential Decree 115/2004
The issue of inclusion of the Guarantor spa in the list of financial intermediaries has been recently addressed by Section sentence no 643 of February 2, 2011 , which is clearly acknowledged that "as a result of investigation at the Bank of Italy (note prot. 322485/10 of 23 April 2010) has revealed that [...] the Guarantor spa [...] was registered only in the general list of financial intermediaries under Article 106 of Legislative Decree no. 385, 1990, and has never been enrolled in the special list referred to in article 107. "
The fact that the Guarantor spa has never been enrolled in the special Article. 107 Leg. Diriment is 385/93, constituting a necessary condition such registration, in accordance with law (art. 75, para. 3, law no. 163/06), because non-bank financial intermediaries can provide security in the interim as guarantors.
It follows that the proceedings ATI srl - 2 srl proceedings could not be admitted to the next stage of the project financing, which rendered invalid derivative and consequential acts subsequent to the selection of the thesis The most economically advantageous tender, including the same procedure negotiated in the competition with the promoter, ultimately, of substances.
number of law in 1409 of 10 March 2011 issued by Tar Campania, Napoli
There is potential for non-bank intermediaries to provide security only if enrolled in the special Article. 107, d. lgs. No 385/1993, even if necessary for that purpose specifically authorized by the Treasury, the Budget and Economic Planning in DPR March 30, 2004, No 115, (which governs, in today's issue of the proceedings, entrusted to the Ministry dell'economia e delle finanze)
in presenza di una fideiussione bancaria inefficace nei confronti della stazione appaltante, l’impresa andava esclusa per omessa presentazione di una valida cauzione provvisoria
tratto dalla sentenza numero 643 del 2 febbraio 2011 pronunciata dal Tar Campania, Napoli
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