HANDICRAFT BUSINESS GUIDE. Update: May Translation from Valentina Marciandi

Transcription

1 HANDICRAFT BUSINESS GUIDE Update: May 2009 Translation from Valentina Marciandi

2 WHAT IS THE HANDICRAFT REGISTER? Set of Rules L. 8/8/1985 n. 443 (outline Law) L.R. 14/01/2009 n. 1 Handicraft Business Register is regulated by outline law 8/8/1985 n. 443 and by regional laws; it is kept by Chambers of Commerce under special agreements. The registration in the Handicraft Business Register is compulsory for all the enterprises included in the definition of handicraft business and implies the annotation in the Business Register. The handicraft business can be run by a sole trader or a company; in case of copartnership (S.N.C.), the majority of partners, one if they are two, must carry out prevalently their personal manual labour in the manufacturing process; in case of limited partnership (S.A.S.) all general partners must work and must not be partner of other limited companies (S.R.L.) or limited partnerships (S.A.S.); in case of one-man limited company the sole partner must hold office of governing director and must not be partner in other one-man limited company or in a limited partnership. Work must prevail over capital; joint stock companies (S.P.A.) and mixed liability stock companies (S.A.P.A.) can t be registered in the Handicraft Business Register. Since 2001 limited companies can get the qualification of handicraft business at the following conditions: limited companies, which doesn t exceed restrictions on number of subordinate workers imposed by L. 443/85 and pursue the aims provided by L. 443/85 art. 3 c. 1 and sends in application form to the Provincial Committee for Handicraft (L. 443/85 art. 9), are entitled to obtain the qualification and to be registered in the Handicraft Business Register, as long as the majority of partners, one if there are two, must carry out prevalently his personal manual labour in the manufacturing process and detain the greater part of the capital and of the deliberative powers. Those who have got a subordinate job, or own or give their service to other business enrolled in the Handicraft Business Register, or hold office of unlimited partners in limited partnerships, or hold office of sole governing director in limited companies, or hold office of chairman or managing director of the board of directors in joint-stock companies cannot obtain the registration. The application form must be sent in within 30 days from the starting up of the activity or from the achievement of law requirements, for companies the prescribed time runs from the date of the recording of company act by Business Register. The application form must be sent in to the Business Register Office which sends the application to the Handicraft Business Register Office. The Handicraft Business Register Office assigns the Handicraft Business Register progressive number to the enterprise and then accomplishes all the subsequent fulfilments according to laws regulating the registration in the Business Register. Handicraft Business Guide 1

3 Against registration rejection appeal to Regional Committee for Handicraft is granted within 60 days from the rejection notification date; appeal to Civil Court, within 60 days from the date of Regional Committee for Handicraft decision, is granted as well. par. 1. The Chamber of Commerce verifies and imposes the sanctions provided for by L.R. 1/09 sec. 25 REQUIREMENTS FOR REGISTRATION IN THE HANDICRAFT REGISTER: - Legal age; - To do one s own job in the production process, including manual work, as main activity; - Not to be sentenced for measures impedimental to registration (e.g., bankruptcy, anti-mafia provisions); - Company autonomy - Production of goods and semifinished products or rendering of services; - To respect restrictions on number of subordinate workers, including business partners but one, who does their own job in the production process in a prevailing way, job-assistant relatives, apprentices, excluding disabled workers and cottage workers (if they are less than 1/3 of the number of non-apprentice subordinate workers). 1. non-mass production business can have no more than 18 subordinate workers including no more than 9 apprentices; the number of subordinate workers can be raised up to 22 if additional workers are apprentices; 2. mass production business, provided that it is not completely computer-based, can have no more than 9 subordinate workers including no more than 5 apprentices; the number of subordinate workers can be raised up to 12 if additional workers are apprentices; 3. artistical and traditional working and made to measure clothing business can have no more than 32 subordinate workers including no more than 16 apprentices; the number of subordinate workers can be raised up to 40 if additional workers are apprentices; 4. transport business can have no more than 8 subordinate workers; 5. building construction business can have no more than 10 subordinate workers including no more than 5 apprentices; the number of subordinate workers can be raised up to 14 if additional workers are apprentices; Handicraft Business Guide 2

4 DOCUMENTS REQUIRED FOR REGISTRATION SOLE TRADERS 1. application form with plain signature and a stamp worth 14.62; , to be paid either by cash/cash card at the Chamber desk when presenting the registration application or by giro account n in the name of Camera di Commercio di Biella, via Aldo Moro 15/b, Biella, specifying the following reason: Diritti di Segreteria per iscrizione all Albo Artigiani ; in the last quoted case the administrative fees payment receipt must be enclosed with the application form; 3. for some special activities, authentic Business Start up Announcement (D.I.A.) or copy of it and production of the original (D.I.A. is provided for gastronomy, rotisserie, ice-cream production, ecc...; for road haulage: lorry logbook or car documents agency/a.c.i. certificate, temporary vehicle registration document; for waste and scrap collection/freight: Environmental Managers National Register licence (issued by Turin Chamber of Commerce) and every other authorization required for registration in professional Rolls not issued by Chamber of Commerce). 4. non EU citizens must include a photocopy of their residence permit and show the original permit itself; residence permit must have been issued for self-employment or for other reasons that allow self-employment (subordinate employment, political asylum, family reunion); 5. photocopy of the owner s current identity paper; 6. annual fees: amount of 88.00, to be paid either by cash/cash card at the Chamber desk when sending in the registration application or by telematic F24 form within 30 days from the date of the application submission. COMPANIES 1. application form with a stamp worth and each partner s signature (for unlimited companies), each unlimited partner s signature (for limited partnership), each Legal representative s signature (for limited companies); 2. for some special activities, authentic Business Start up Announcement (D.I.A.) or copy of it and production of the original (D.I.A. is provided for gastronomy, rotisserie, ice-cream production, ecc...; for road haulage: lorry logbook or car documents agency/a.c.i. certificate, temporary vehicle registration document; for waste and scrap collection/freight: Environmental Managers National Register licence (issued by Turin Chamber of Commerce) and every other authorization required for registration in professional Rolls not issued by Chamber of Commerce); 3. non EU citizens must include a photocopy of their residence permit and show the original permit itself; residence permit must have been issued for self-employment or for other reasons that allow self-employment (subordinate employment, political asylum, family reunion); Handicraft Business Guide 3

5 4. photocopy of the Legal representative s current identity paper; , to be paid either by cash/cash card at the Chamber desk when presenting the registration application or by giro account n in the name of Camera di Commercio di Biella, via Aldo Moro 15/b, Biella, specifying the following reason: Diritti di Segreteria per iscrizione all Albo Artigiani ; in the last quoted case the administrative fees payment receipt must be enclosed with the application form; HANDICRAFT BUSINESS MODIFICATIONS Modifications must be communicated within 30 days from their happening or, if they regard a company, from the date of registration of the deed which caused the modification in the Business Register, using special form with a stamp worth 14,62 and plain signature, according to law, enclosing the fee payment receipt of 10,00 by giro account n addressed to Camera di Commercio di Biella (alternatively the payment can be made at the Handicraft Desk of the Camera di Commercio di Biella) and the following documents: 1. ADDITION OF NEW ACTIVITY: modification form; 2. REGISTERED OFFICE CHANGE OF ADDRESS: when the business activity is subject to municipal authorization it is necessary to enclose the copy of the updated authorization; 3. photocopy of the owner s or Legal representative s current identity paper; MARK WELL: only social security position modifications, with no changes to company structure (MEMBERS/JOB-ASSISTANT RELATIVES INCLUSION/WITHDRAWAL), are exempted from any fee payment or stamp duty. HANDICRAFT BUSINESS DISSOLUTION To cancel a business from the Handicraft Register it is necessary to send in a special form with a stamp worth 14,62, with owner s plain signature or, if it is a company, the partner s signature, enclosing a photocopy of the owner s or Legal representative s current identity paper. Dissolution application doesn t need any fee payment. HAIRDRESSING PROFESSIONAL QUALIFICATION The professional qualification certificate issued by Provincial Committee for Handicraft is necessary to start the hairdressing activity; the Municipality takes note of the beginning of the activity and then the trader can/must enrol himself in the Handicraft Business Register or in the Business Register. In order to obtain the professional qualification certificate, the applicant must have already practised as owner of a firm registered in Handicraft Business or must have worked full time for a handicraft business carrying out hairdressing for two years as qualified subordinate/job-assistant relative/working partner or must have completed a three-year apprenticeship at a handicraft business Handicraft Business Guide 4

6 carrying out hairdressing followed by a month of qualified practice or must obtain a certificate after having attended a course acknowledged by Region or State according to laws in force. It is necessary to send in a special requirements acknowledgement form with a revenue stamp, together with a copy of the employment card or the certificate of Job Centre which attests a two-year period professional service or a three-year apprenticeship or a copy of the certificate obtained after having attended a course or equipollent documents. Amount of 3,00 must be paid as administrative fees. BEAUTICIAN CERTIFICATE The professional qualification certificate issued by schools acknowledged by Region is necessary to start the beautician activity; the Municipality takes note of the beginning of the activity and then the trader can/must enrol himself in the Handicraft Business Register or in the Business Register. Beautician activity can be carried out by a sole trader or a company respecting restrictions on number of workers and requirements according to L. 8/8/1985 n. 443 (outline law) and L.R. 54/92 L. 4/1/90 N. 1 carrying out rules (about beautician activity) ; it can not be itinerant or carried out in parking areas, while it can be carried out at the domicile or the special seat designated by Municipality in rooms having requirements laid down in the municipal regulations, also together with hairdressing. In order to carry out the activity of beautician it is necessary, after the completion of compulsory schooling, to get through a theory/practice exam preceded by the completion, alternately, of the following formative course: - Two-year long special regional qualifying course (at least 900 hours/year), followed by a year long specialization course or by a year period working at a beautician firm; - A period of apprenticeship in accordance with law at a beautician firm or, alternatively, a period of professional training followed by a year of qualified work as full time subordinate at a medical surgery or a beautician firm, and then by a 300 hours theory regional course; - A three-year period of qualified activity as full time subordinate/job-assistant relative/working partner at a beautician firm in the last five-year period, and then by a 300 hours theory regional course; If the beautician activity is carried out by a company, also cooperative society, all the partners and subordinates practising the beautician activity must have the prescribed professional requirements. It is necessary to send in a special form (available at Handicraft Desk) with a revenue stamp to obtain authorization to participate to the 300-hour course, together with the documents attesting the possession of requirements. Amount of 3,00 must be paid as administrative fees. Handicraft Business Guide 5