The Italian Business Register is a public register which, as already provided for within the Civil Code, has been fully implemented since 1996, by the Law in relation to the reorganisation of the Chambers of Commerce and with the subsequent Implementing Regulation.
The aforementioned Law established an Italian Business Register Office at each Chamber of Commerce, which has the following features:
it has provincial jurisdiction;
it is managed using computerised techniques;
it is managed by the local Chamber of Commerce, under the supervision of a Judge, appointed by the Presiding Judge of the Court of the provincial capital, who is the Register Judge;
it is governed by a curator appointed by the board duly represented by the Secretary General or a director of the Chamber of Commerce who will ensure the correct management of the Italian Business Register in accordance with any provisions on the subject and any decisions made by the Register Judge.
The Italian Business Register can be defined as the register of company details: it in fact contains information (incorporation, amendments, cessation of trading) for all companies with any legal status and within any sector of economic activity, with headquarters or local branches within the country, as well as any other subjects as required by law.
The Italian Business Register provides a complete picture of the legal position of each company and is a key archive for drawing up indicators of economic and business development in each area to which it belongs.
Legal references for this section:
Art. 2188 et seq. of the Civil Code
Art. 8 of Law 580/1993 on the reorganisation of the Chambers of Commerce, Industry, Craftsmanship and Agriculture
Presidential Decree 581/95 – Regulation for the implementation of Art. 8 of Law 580/93 on the incorporation of the Italian Business Register
An economic information instrument
The main function of the Italian Business Register is to ensure an organic system of legal disclosure for companies, ensuring the provision of timely information throughout the country.
As well as being an economic information instrument, the Italian Business Register also serves as a legal disclosure instrument for any official documents registered therein.
The legal disclosure of companies, conferred by registration within the Italian Business Register, is distinguished as follows:
disclosure of incorporation: : pertains to those cases in which the registration of a certain official document within the Register is a necessary and essential requirement for the document to be able to have the correct legal effects between the parties (for instance a corporation's articles of association);
declaratory disclosure: : pertains to those cases in which registration in the Register makes the instrument that has been disclosed enforceable, regardless of the effective knowledge that third parties may have of it (for instance the articles of association for partnerships);
transparency: : pertains to those cases in which registration in the Register is for official certification and public information purposes, without this having any effect on the efficacy or enforceability of the registered documents for third parties (for instance the registration of small businesses).