Professional Laws

Low 478/1968
Law of 12 March 1968 No 478 (1) Sorting of the profession of shipbroker (1) Published in the Official Gazette April 29, 1968, No 108.

TITLE I
General provisions

ART. 1.

Repealed by Decree No 26/03/2010 59

ART. 2.

Administrators or owners of businesses, which have as their object the mediation of contracts in the preceding article, shall be entered in the role of shipbrokers.

ART. 3.

The occupation of shipbroker is incompatible with any public or private use paid, except for use in enterprises involving the mediation of their contracts under Article. 1.

TITLE II
Role of mediators and sea conditions to be entered

ART. 4.

Repealed by Decree No 26/03/2010 59

ART. 5.

The role is divided into two sections: an ordinary and special, in the latter vessel brokers are members entitled to exercise public office.

ART. 6.

Public offices reserved for members in the special maritime mediators include the task of presiding at public tender for contracts under Article. 1 and all other duties under the Civil Code or other laws.

ART. 7.

Applicants enrollment in the ordinary section of the role of shipbrokers must:

1. repealed by Legislative Decree No 03/26/2010 59;
2. repealed by Legislative Decree No 03/26/2010 59;
3. repealed by Decree No 03/26/2010 59;
4. have graduated from junior high school;
5. have passed the appropriate exam in art. 9;
6. having made the deposit laid down. 23.

ART. 8.

To enroll in the special section of the maritime role of mediators, aspiring, as well as meet the requirements of the letters. a) b) c) d) and e) the previous Article, shall:

1. be Italian citizens or of other member countries of the European Economic Community;
2. passed the examination under Article. 10 have made the deposit under Article. 23.

ART. 9.

The examination for registration in the ordinary section of the maritime role of mediators is predominantly oral and practical.
The subjects of examination shall be determined by regulation.
The examinations take place at each of the chambers of commerce, industry, handicrafts and agriculture from which to establish their role.
The boards are appointed by their Council Chamber and comprise:

1. a judge of the Court of Appeal that the chair;
2. a university professor (of role, responsibility or lecturer) of maritime law or commercial law or economic and technical armament and navigation;
3. two public members mediators from among the advisory committee proposed by the Article. 13;
4. a representative of the chamber of commerce, industry, handicrafts and agriculture;
5. a representative of the maritime district.

ART. 10.

Examinations for entry into the special section of the maritime role of mediators are written and oral. The subjects of examination shall be determined by regulation.
The examinations take place at each of the chambers of commerce from which will create the role.
The boards are appointed by their Council Chamber and comprise:

1. a judge of the Court of Appeal that the chair;
2. a university professor (of role, responsibility or lecturer) of maritime law or commercial law or economic and technical armament and navigation;
3. two public members mediators from among the five proposed by the Advisory Committee mentioned in Art. 13;
4. a representative of the maritime district;
5. a representative of the chamber of commerce, industry, handicrafts and agriculture;
6. a representative of designated by the Ministry of Merchant Marine.

ART. 11.

The council chamber on the supervisory examinations for the profession of shipbroker.

ART. 12.

The inscription in the role of mediators enables seafarers to practice throughout the territory of the Republic, is not allowed entry in more than one role. The role is entered in a personal capacity, the member may not delegate functions relating to practice, if not to other broker in writing that section. The inscription in the maritime role of mediators is subject to government license fee specified in paragraph Table 206 of Appendix A to the single text approved by Decree 1 March 1961, number 121, to be liquidated from the deposit paid by them in accordance with art. 23.

TITLE III
Training and retention of roles and Advisory Committee

Art. 13.

The roles of mediators seafarers are trained and kept in the chambers of commerce, industry, handicrafts and agriculture, from which they are imposed. At each of these chambers of commerce, industry, handicrafts and agriculture is also established an advisory committee for the formation and preservation of the same roles.

Art. 14.

The Advisory Committee consists of:

1. a representative of the chamber of commerce, industry, handicrafts and agriculture, who presides;
2. a representative of the maritime district;
3. a representative of ship brokers;
4. a representative of, appointed by the Ministry of Merchant Marine;
5. a representative of the consortium or port, where it exists.

The duties of Secretary shall be exercised by the Secretary General of the Chamber of Commerce, Industry, Crafts and Agriculture or by an official directive of the career of the chamber.

Art. 15.

The Advisory Committee:

1. give its opinion on the inclusion and deletion from the rolls;
2. give its opinion on disciplinary judgments imposed on brokers for breach of professional duties;
3. deliver an opinion on any other matter relating to the roles at the request of the respective chambers of commerce, industry, handicrafts and agriculture;
4. propose vessel brokers to be understood in the examining boards;
5. monitor because, in case of cancellation of a mediator from the register, books and documents relating to its contracts through the past ten years, are deposited in the chamber of commerce, except that the Committee finds that the activity of deleted broker is continued by other broker in writing, which has agreed to take them into custody;
6. interposed their good offices at the request of one of the parties concerned to bring the reconciliation of disputes which arise between vessel brokers, or between them and their clients, depending on the professional practice.

If the mediators are entered in the roles of chambers of commerce, industry, agriculture and various crafts, reconciliation is promoted by the Consultative Commission, which was first requested.

TITLE IV
Removal from the register and disciplinary rules

Art. 16.

The removal from the chamber ruled by the junta, after hearing the opinion of the advisory under Article. 13:

1. in cases of incompatibility;
2. when it failed one of the requirements specified in subparagraphs. a) and b) of Art. 7 and No 1) Article. 8;
3. when the security is lacking or is dropped or subjected to acts of the executive and the broker has not reinstated within 30 days;
4. where the written waiver of registration.

In the cases referred to in points. a) b) c) the cancellation may not be declared, if not after the person concerned has been heard.
The action brought by the person concerned has suspensive effect, except in the case referred to the previous points. c). You can not say when the cancellation is being a criminal or disciplinary proceedings. Until the security has not been reinstated, the Ombudsman is suspended from practicing the profession of law.
The Ombudsman has been deleted from the register is written again, provided evidence that he has failed to stop the cause which led to the cancellation.

Art. 17.

The shipbroker who has been convicted for any crime not negligent or guilty of abuse or lack of occupation or exercise, however, facts do not conform to the dignity and the professional decorum, is subject to disciplinary proceedings.
Junta chamber of commerce in which role the accused shall be in writing, start disciplinary proceedings ex officio or upon request of the advisory under Article. 13 or of any party.
The shipbroker which has been a prosecution for any crime without fault is subjected to disciplinary proceedings for that was the subject of imputation, unless it intervened acquittal because the facts did not either because the accused has committed.
In any case, may not be imposed without any disciplinary action that the accused has been summoned to appear before the junta, with the assignment of a term of not less than 10 days to be heard in his defense.
The Council Chamber, before issuing his ruling, he must consult the Advisory Committee referred to in Article. 13.

Art. 18.

Disciplinary measures are:

1. warning, which is to call the guilty to misconduct in urging and not fall;
2. the complaint is a formal declaration of blame for the misconduct;
3. suspend the exercise of the profession;
4. the removal from the register.

Art. 19.

The suspension of Article. 18, Lett. c) may be imposed for serious misconduct and for a period not exceeding 12 months.
The suspension is also required, as well as in the cases provided by the Penal Code, if:

1. occurred absence or reduction of the security;
2. a warrant or arrest warrant;
3. disqualification from holding public office for a term not exceeding three years;
4. hospitalization in a mental justice, outside the confines of the art. 20, second paragraph, no 2;
5. admission to a nursing home or care;
6. application of one of three security measures provided for by non-custodial. 215, third paragraph, nos. 1), 2), 3) of the Criminal Code;
7. provisional application of an additional punishment under Article. 140 of the Criminal Code.

In all other cases of criminal proceedings against a broker committed by sea, the Council of the Chamber of Commerce has authority to order the interim suspension until the outcome of that exercise training procedure.
The suspension or mandatory supervision is not subject to time limit set by the first paragraph of this article.

Art. 20.

Radiation, in art. 18, Lett. d) may be delivered only against those who, by his conduct, has seriously undermined its reputation and dignity of the profession.
The radiation is mandatory in the following cases:

1. disqualification from holding public office, perpetual or for a period exceeding three years or ban from the profession for the same duration;
2. hospitalization in a mental justice in the cases listed by Article. 222, second paragraph of the Criminal Code;
3. assignment to an agricultural colony or a workhouse;
4. convictions for crimes against public administration, the administration of justice, public faith, the public economy, industry and trade, property, for the misuse of mediation and other non-culpable crime for which the law imposes the penalty of imprisonment of not less in a minimum of two years and maximum period of five years, unless rehabilitated.

Art. 21.

The radiation measures are communicated to all chambers of commerce of the Republic.

Art. 22.

Measures relating to registration, cancellation and re-entry roles, and those relating to disciplinary sanctions provided for in art. 18, must be notified within 15 days concerned.
Against such measures may be submitted to the Minister of Industry, trade and craft, within 30 days from the date of the employee concerned.
The appeal has suspensive effect.

TITOLO V
Deposits Books and correspondence of the Ombudsman

Art. 23.

To enroll in the ordinary section of the security role is pounds 500,000.
To enroll in the special role of the security is pounds 1,000,000.
The deposit must be paid in government bonds or through bank guarantee, as prescribed by the regulation.
The security is constrained by pre-emptive right to the fulfillment of obligations undertaken by the Ombudsman in the exercise of the profession.

Art. 24.

The vessel brokers must take, beyond the books set in the Civil Code, the obligations imposed by the regulation.
At the request of the party which advances all costs necessary shipbroker a notary public must file with the originals of letters or telegrams or telemessaggi authorization, so the notary can issue certified copies to the parties.
The provisions in the preceding paragraph do not apply to contracts of sale or construction of ships.
Brokers must keep for 10 years maritime books and correspondence relating to contracts with their intervention.

TITLE VI
Criminal law provision - Transitional and Final Provisions

Art. 25.

The exercise of professional maritime mediation without obtaining the required record in the art. 1, when it constitutes a serious crime, is punished under Article 665 of the Criminal Code.

Art. 26.

All those at the entry into force of this Law are entered in the ordinary Article. 2 L. March 21, 1958, No 253, are members of law to the role of the new institution, the ordinary section, those enrolled in the role of Article. 21 L. March 20, 1913, No 212 are enrolled in the special section of law, they constitute the security referred to in Article. 23 and submit the application within six months after entry into force of this Act. This Law shall come into force six months after its publication.
The implementing rules of this law will be enacted within that period, by decree of President of the Republic, upon proposal of the Minister for Industry, Commerce and Handicrafts in consultation with the Minister for the Merchant Navy.

D.P.R. January 4th, 1973, No 66 (1)

Implementing Regulation of Law March 12th, 1968, No 478 on the structure of the profession of shipbroker
(1) Published in the Official Gazette 7th April 1973 No 91.
THE PRESIDENT OF THE REPUBLIC
According to law March 12th, 1968, No 478, on the order of the profession of shipbroker;
Hearing the opinion of the State Council;
Having consulted the Council of Ministers;
On the proposal of the Minister for Industry, Commerce and Handicrafts in consultation with the Minister for the Merchant Marine;

DECREES:

ART. 1.

In this Order, the term Act means the Law of 12th March 1968 No 478.

ART. 2.

The chambers of commerce, industry, handicrafts and agriculture in art. 4 of the Act, the provinces which extends their expertise, they must ensure the establishment of the roles of mediators under the maritime law, in compliance with the rules laid down in the following articles.

ART. 3.

The role of Article. 4 of Law is divided into two sections:

1. ordinary for registration of the profession of shipbroker not entitled to exercise public office;
2. special for registration of the profession of shipbroker additionally entitled to exercise public office mentioned in art. 6 of the Act.

ART. 4.

Role must show:

1. name and surname, date and place of birth, residence of the person;
2. date of registration and details of the relevant resolution chamber;
3. the manner in which the security was given under Article. 23 of the Act.

Role must be recorded any orders suspension, cancellation, disciplinary and criminal penalties. According to the role, chambers of commerce, industry, handicrafts and agriculture establish a register of members, according to the sections.

ART. 5.

Where the business of maritime mediator is exercised by society, the requirements for entry in the role must be possessed by law or by the legal representatives of those companies. The application for registration of companies shall be submitted to the chamber of commerce, industry, handicrafts and agriculture responsible for the district where the company has its registered office. Companies are required to report to the competent Chamber of Commerce, Industry, Crafts and Agriculture of any changes to their legal representatives to update the register.

ART. 6.

To enroll in one of the sections of the maritime role of mediators, the applicant must submit an application letter to mark the chamber of commerce, industry, handicrafts and agriculture authority. In that request, in accordance with the rules of the Law of 4th January 1968, No 15, on administrative documentation and legalization of a signature, the applicant must declare that they have the following requirements:

1. repealed by Legislative Decree 03/26/2010 n. 59;
2. not be interdicted or incapacitated;
3. repealed by Legislative Decree 03/26/2010 n. 59;
4. repealed by Legislative Decree 03/26/2010 n. 59;
5. not engage in activities incompatible with the exercise of the profession of shipbroker under Article. 3 of Law.

Signing the application must be notarized by a public official to receive it, or by a notary, clerk, municipal secretary or other officer appointed by the mayor.

The application must be submitted:

1. the certificate of full enjoyment of the exercise of civil rights;
2. lower secondary school certificate or another qualification that it presupposes;
3. proof that the security has been given as provided by Article. 23 of Law issued by the competent institution or fund deposits and loans in relation to the provisions of Articles 22 and 23 of this Regulation;
4. proof of payment on current account of the government license fee specified in paragraph 118 of the table annexed to the Decree of the President October 26th, 1972, No 641.

The Chamber of Commerce, Industry, Crafts and Agriculture office responsible verify that the applicant is the inclusion of good conduct and has not been convicted of a crime provided for in art. 20 No 4 of Law.

ART. 7.

Citizens of other Member States of the European Economic Community for the inclusion in a section of the role must have the requirements for Italian citizens in the art. 6 and having paid the fee established by paragraph 4) of that Article. 6.

Proof of these requirements, except that the residence should be provided with appropriate certification issued by the competent authorities of the State of which the candidate is a citizen.

The qualification must be produced in original or notarised copy and be approved for the corresponding type and duration of the studies that required by law for Italian citizens. The declaration of correspondence will be issued by the Italian diplomatic or consular authorities competent for the territory, through the Ministry of Foreign Affairs.

ART. 8.

Foreign nationals belonging to non-member countries of the European Economic Community may be enrolled only in the ordinary section of the role of Article. 5 of the Act, subject to reciprocity, and provided they provide proof of adequate knowledge of Italian.

To register the above, the provisions of art. 7.

ART. 9.

Those wishing to record in the case of ship brokers must have passed the examinations provided for respectively in Articles 10 and 11 of this Regulation, depending on whether enrollment in the ordinary section or the special section on the role.

Chamber of Commerce, Industry, Crafts and Agriculture responsible shall, at least once a year to carry out the necessary examinations ensuring maximum publicity notices of competition primarily through their publication in the Official Gazette.

The record in the case of those who passed the exams to take place after consulting the Advisory Committee, within thirty days after completion of tests.

ART. 10.

The final exam for enrollment in the ordinary section of the role is oral and covers the following topics:

1. rules governing the mediation of the Civil Code, laws and regulations;
2. theoretical and practical knowledge relating to contracts of sale, lease and rental of ships, contracts of carriage of goods and documents of maritime transport;
3. notions concerning the construction and operation of a ship;
4. knowledge of the characteristics and performance of the freight markets and trading ships;
5. Knowledge of major contracts which are in use clauses and maritime uses local and national, as well as major international practice relating to maritime transport;
6. knowledge of the main provisions of the Navigation Code on the administration of maritime navigation, the administrative system of vessels, construction and ownership of ships, shipping companies, privileges and mortgages;
7. knowledge on marine insurance, hull and cargo;
8. knowledge on maritime incidents and their regulations;
9. knowledge of operations and port services and functions which perform various auxiliary vessel traffic in port phase (shipping agents, freight forwarders, port companies, port companies, etc.).
10. knowledge of political and economic geography;
11. working knowledge of English, particularly technical terms for the various institutions.

The final exam is passed if the candidate obtains the vote of at least six tenths.

ART. 11.

Consideration for inclusion in the special role consists of two written tests and oral.

The written tests and oral examination are as follows:

Written tests:

1. Concepts of maritime law and the contractual terms for rental and sale of ships;
2. drafting of contracts.

Oral:

1. all matters referred for inclusion in the ordinary section of the role;
2. The principles of the costs of shipping companies;
3. concepts and implementation forced the precautionary measures provided for in Title V of Book IV of Part I of the Navigation Code;
4. concepts of marketable goods and the stowage of ships;
5. the tax treatment and registration of contracts for the use of the vessel;
6. notions about the arbitration clause on arbitration and free.

Are admitted to the oral exam, candidates who have at least an average of seven tenths in the written tests and no less than six tenths in each.

The oral test is passed when the candidate gets a vote of not less than seven tenths.

The overall score is determined by adding the marks obtained in written tests and the grade obtained in that hearing.

ART. 12.

The diary of the exams must be posted on the chamber and communicated to applicants admitted to the tests recommended by at least 20 days before.

The duration of the written tests scheduled for inclusion in the special section of the maritime role of mediators, may not exceed the maximum of eight hours.

As another provided in this Regulation for the examinations apply, mutatis mutandis, the rules of the Decree of President of the Republic May 3rd, 1957, number 686, concerning the rules for implementing provisions of the Consolidated Status of civilian employees of the State, approved by Decree of the President January 10th, 1957, No 3.

ART. 13.

The examination should ensure the compilation of the minutes of each session. The reports shall be signed by all members and the secretary.

The duties of secretary of the committee are exercised by the Secretary General of the room or an official directive of the career of the chamber, designated by the council chamber.

ART. 14.

If the President or one of the components of the examination has a relationship of dependence, kinship or marriage, except to the third degree, with some of the aspirants to membership in the role, must immediately notify the President of the Chamber of Commerce, Industry , handicrafts and agriculture which, at a resolution of the board, replace it.

ART. 15.

Those who have not passed the exams can be readmitted to support them, but in any event not earlier than six months of notification of the outcome of the previous year.

ART. 16.

Examinations referred to in Articles 10 and 11 of this Regulation may be admitted even those who do not have the requested record in the case, intending to pass the preliminary tests. For the purpose of the validity of the exams does not extend beyond five years. Having passed these examinations is not entitled to practice where a person is entered in the register.

ART. 17.

In the cases mentioned in art. 16 of Law in letters a), b) and c) the cancellation is delivered to the Chamber office by the junta, after consulting the Advisory Committee. The measure of cancellation must be preceded by a quotation of the person to appear before the junta, with the assignment of a term of not less than 10 days. The Council Chamber may order the interim suspension from the mediation provided by the penultimate paragraph of art. 19 of the law until the outcome of the proceedings for the cancellation.

ART. 18.

In all cases of removal from the register under art. 16 of the Act, the applicant may request a re-entry when it comes to terminate the cause for which he was given. Junta Chamber decision on the re-entry upon verification of the absence of other causes impeding. If the application is submitted for re-entry in the role after ten years from the date of the order of cancellation, the junta chamber adopts its decision, with the observance of all provisions relating to the first entry, including those referred to in subparagraph e) of Art. 7 and paragraph 2 of Article 8 of Law.

ART. 19.

The shipbroker establishing residence in a province not included in the district chamber of commerce, industry, handicrafts and agriculture in which he is registered, that entity must make a complaint. Applicants may apply for re-entry in the corresponding role of the chamber of commerce, industry, handicrafts and agriculture responsible for the constituency in which he sets the new residence. For re must submit, in addition to the new residence certificate, a certificate issued by the chamber of commerce, industry, agriculture and handicrafts from showing that there is no obstacle to the new registration.

ART. 20.

Students enrolled in the maritime role of mediators are bound by professional secrecy. The same are required to comply with the provisions of Articles 2214 to 2220 of the Civil Code relating to accounting records.

The shipbroker under Article. 1760, third paragraph, the Civil Code, must keep a special book the essential details of any contract with his remarks and issued at the request of the parties, he signed copies of each record.

In the book that he must be indicated, the species, the type of form adopted, the name of any other brokers involved, the names of parties, the name and characteristics of the vessel and any special clauses of the amendment or addition to those the form adopted.

ART. 21.

The records referred to in Article 20 relating to maritime brokers dead, banned or deleted from the register or in any case cease to exercise the activity, except in the circumstances referred to in Article. 15, e) of the Act, must be deposited for storage under Article. 2220 Civil Code, the Secretariat of the chamber of commerce, industry, handicrafts and agriculture as a mediator whose role was written.

ART. 22.

The security referred to in art. 23 of Law needs to be paid in government bonds exempt from any lien or through bank guarantee. Securities lodged by bank guarantee shall be kept by the chamber of commerce.

The securities are securities deposited with the Fund deposits and loans in accordance with the provisions applicable to the securities in the interest of the state. The security remains tied until the mediator is entered in the role and can not be freed unless the provisions laid down in Article are fulfilled. 25 of this Regulation.

ART. 23.

If the deposit is paid in government bonds, they must be valued at market price according to the price of the local exchange on the day preceding the filing. When the market price of the securities deposited decreased by 5% compared to the mentioned assessment, the security must be restored, under the third paragraph of Article 22 of this Regulation.

Interests vested in the securities deposited cauzionante, unless objections are intimate with your payment.

ART. 24.

The Council Chamber, office or at the request of any interested party, determines if the security is not a broker or decreased for the measure under Article. 16 of the Act. For the purposes of the investigation, the Ombudsman warned the junta by registered letter with return receipt. The 30-day period for the reinstatement of the deposit, commencing from when the decision has become enforceable assessment.

ART. 25.

The decision of the security must be sought the chamber of commerce, industry, handicrafts and agriculture in which the mediator is found in writing. The application is published in the 'chamber and inserted text, the preacher in the Gazette and in at least two other legal papers that will be indicated by chamber of commerce.

After 30 days from the date of the last of these publications and listings without any opposition, the ruling junta for the release of the security chamber.

ART. 26.

The maritime role of mediators is subject to revision every two years. Each chamber of commerce, industry, handicrafts and agriculture where you created the role of mediators maritime issues to each member a personal card approval, subject to validation of two years.

ART. 27.

The chamber of commerce, industry, handicrafts and agriculture to ensure that the practice of mediation is restricted to registered brokers in the role and shall report to the judicial authorities who exercise the profession illegally shipbroker.