Judicial auctions - Italy
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1 Disclosure and fixing of the selling price of the foreclosed goods
Auctioning is being advertised through the insertion of the advertisement.
- On the national single website of the Ministry of Justice (https://pvp.giustizia.it/pvp/)
- on one or more private websites.
These means of dissemination are compulsory.
The judge may also arrange for advertising to be carried out in one or more newspapers.
The price is determined by the court, but this is always done by an expert in the property sector.
2 Third party authorised for sale
The court generally 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 implementing rules partially apply
In the case of sales in insolvency proceedings (bankruptcy and arrangement with creditors), the court may decide whether to proceed to the sale by applying the rules of the Code of Civil Procedure or not.
In the first case, all the provisions of the Code of Civil Procedure apply.
4 Information on the national registers of goods
Property: there is the Property Register, which contains all the data relating not only to purchases and sales, but also to the formation, modification or termination of rights in rem (usufruct, etc.) or rights in rem (mortgage).
Movable property: there is the Public Vehicle Register, which contains all the data on registered vehicles and movable goods.
Trade mark and patent register: they are intangible assets; the register is kept by the Ufficio Italiano Brevetti e Marchi (UIBM).
Register of vessels and aircraft: is required by the Navigation Code.
Commercial register: interests in public limited liability companies or limited liability companies or shares in partnerships.
5 Information concerning the databases that may be used by the creditor to identify the debtor’s assets or claims
Databases that a creditor can use to obtain information about the debtor’s assets and receivables, which are to be attached, are the following:
A) archive of financial reports, from which information may be derived from:
- current account
- security and/or bond holding account
- free/captive deposit account
- relationship with trust companies
- all means of collective management of savings: units of investment fund and SICAV (a variable capital investment company, which has as its object the collective investment of assets through an offer to the public of its own shares) and which differs from the common fund because the investor becomes a member of the SICAV
- individualised wealth management in favour of the individual saver
- deposit certificates and non-interest-bearing deposits
- portfolio (i.e. discount reports, except in the case of performance, account received)
- safe-deposit boxes
- deposit contracts
- derivative contracts (for example: swap, option, futures, futures)
- Credit/debit cards, with an indication of the expenditure ceiling
- collateral and guarantees that are active and passive, i.e. those provided by the entity to its clients, and those received from clients
- credit: any type of credit that the entity has with the bank or intermediary: exposures in white, exposures secured at the end of the credit, including those contested by the bank
- funding: mortgages, unsecured grants, consumer credit, personal loans, bond loans and equity finance
- pension funds
- participations in companies
(b) Tax Register, from which information may be derived from:
- list of customers and suppliers
- contractual acts subject to registration duty
database called NOIPA from which information may be derived from:
- wage claim
- divestments of five
(D) database of war pensions, from which information may be derived from pensions received not only by those who participated in World War II but also by those involved in international missions.
And) UNILAV database, from which information on salaries received by employers can be derived.
6 Information on online judicial auctions
The auction is made online for both movable and immovable property.
There is no single government platform, but multiple platforms put in place by several national operators
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Last update: 27/11/2019