ROLL OF BROKERS
The broker’s activity
The broker offers intermediation services between two or more trading parties without acting for a particular good (art. 1754 of the Civil Code). The agent must keep impartial until the contract has been signed; once the bargain has been made, he can become agent for one of the parties, as concerning the fulfilment following the stipulation of the contract.
The agency can be exercised as one-man business or in partnership.
Art. 73 of Legislative Decree No. 73 of 26th March 2010 put into practice the EU directive 2006/123 related to home market services and eliminated the brokers’ roll. Therefore, according to art. 19 of Law 241/1990 (as amended by Law No.122 of 30th July 2010) people intending to exercise brokerage have to send in a self-certification of business start-up (in Italian SCIA, “segnalazione certificata di inizio attività”) to the Chamber of Commerce.
The Chamber, after examining the qualifications required, will register the activity in the Business Register if it is exercised as an enterprise. Otherwise, it will be registered in the Economic Administrative Index (REA).
The new conditions and registration procedures for Business Register and REA will be defined by decree of the Italian Ministry of Economic Development, according to the provisions of Legislative Decree No. 59/2010.
Meanwhile, registration, modification and cancellation will be carried out as usual.
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