Judicial auctions

1. Advertising and fixing of the sale price of the seized assets

The auction sales are advertised through the insertion of the advertisement.

• On the single national web portal of the Ministry of Justice (https://pvp.giustizia.it/pvp/)
• on one or more private websites.

These means of dissemination are mandatory.

The court may decide to have the advertisement also carried out in one or more daily newspapers.

The price is determined by the court, which is always assisted by an expert in the real estate sector.

2. Third parties authorised to sell

The court usually delegates sales transactions to professionals, namely: lawyers, accountants and notaries.

A list of professionals at each Court shall be established.

3. Types of auctions to which the enforcement rules partially apply

In the case of sales in insolvency proceedings (bankruptcy and arrangement with creditors), the court may decide whether or not to proceed with the sale by applying the rules of the Code of Civil Procedure.

In the first case, all the provisions of the Code of Civil Procedure apply.

4. Information on national registers of goods

Real estate: there is the Register of Property, which contains all data relating not only to purchases and sales but also to the creation, modification or extinction of rights in rem to use (usufruct, etc.) or rights in rem to collateral (mortgages).

Movable property: there is the Public Register of Motor Vehicles, which contains all the data relating to registered vehicles and movable property.

Register of trademarks and patents: these are intangible assets; the register is kept by the Italian Patent and Trade Mark Office (UIBM).

Register of vessels and aircraft: this is provided for in the Navigation Code.

Commercial register: shares in public limited companies or limited liability companies or shares in partnerships.

5. Information on the databases that may be used by the creditor to identify the material assets or claims of the debtor

The databases that a creditor can use to acquire information on the debtor’s assets and claims, to be seized, are as follows:

A repository of financial reports, from which information relating to:

• current account
• securities and/or bond deposit account
• free/captive savings deposit account
• relationship with trust companies
• all collective savings management instruments, namely: shares in investment funds and SICAV (investment companies with variable capital, whose object is the collective investment of assets by offering their shares to the public) and which differs from the common fund because the investor becomes a member of SICAV
• individualised asset management for the benefit of individual savers
• certificates of deposit and non-interest-bearing coupons
• portfolio (i.e. discount ratios, if not successful, advance account received)
• safe-deposit boxes
• deposit contracts
• derivative contracts (e.g.: swaps, options, futures, futures)
• Credit/debit cards, with an indication of the cost cap
• collateral, assets and liabilities, i.e. both those provided by the entity to its clients and those received from clients
• credit: any type of credit the entity has with the bank or intermediary: blank exposures, secured, maturing, revocable exposures, including those contested by the bank
• funding: mortgages, unsecured financing, consumer credit, personal loans, bond loans and member financing
• pension funds
• shareholdings

(b) tax registers, from which information relating to:

• list of customers and suppliers
• contractual documents subject to stamp duty

(c) database called NOIPA from which information can be obtained on:

• salary claim
• disposals of fifth

(d) war pensions database, from which information can be obtained on pensions received not only from those who participated in the Second World War, but also from military personnel who have participated in international missions.

(e) UNILAV database, from which information can be obtained on wages and salaries received by employers.

6. Information on judicial online auctions

The auction is carried out online for both movable and immovable property.

There is no single government platform, but several platforms set up by different national operators