The implementation regulation of the Register of judicial administrators of seized assets, established with a legislative decree of 8, will enter into force on 2010 February. Chartered accountants and accounting experts as well as lawyers, registered for at least five years in the respective professional Orders, in possession of certain requisites.
With the entry into force of the implementation regulation, those who are already registered in the Register, in the first application of the legislative decree of 2010, will have sixty days to integrate the documentation presented, according to the methods indicated in the implementation regulation , which was published in the Official Gazette of 24 January.
Those enrolled in the Register of judicial administrators provide for the custody, conservation and administration of the assets seized from criminal organizations, according to the provisions of the 2010 legislation. The National Agency that manages the assets confiscated from organized crime (ANBSC), in fact must make use of assistants and experts chosen from those registered in the Register of judicial administrators.
The Register is divided into two sections: one ordinary and one for experts in business management. The first includes the professionals who have actually carried out the custody, administration and conservation of seized assets. To be included in the second section, it is necessary to have carried out company management or company crisis management activities.
Those who certify that they have successfully attended post-university training courses on company management or corporate crisis management can be registered in the Register if they have been registered in the respective professional bodies for at least three years. The management of seized companies, i.e. assets set up in companies subjected to seizure or confiscation, is reserved only for those registered in the section of experts in company management.
The issuing of the regulation that establishes the rules for registration, suspension and cancellation in the Register of judicial administrators was slowed down by the scrutiny of the Privacy Authority, which requested the adoption of particular precautions to protect data members' personal data.
Thus the Register was divided into two parts, one public and one reserved. The identification data and certified e-mail address of the judicial administrator are entered in the public section. The tasks received by the judicial administrator as well as his fees are entered in the reserved part. In addition to the Director of the National Agency, only magistrates and executives of the chancelleries dealing with criminal affairs and of the secretariats of the public prosecutor's offices can access this reserved part.
Those enrolled in the Register must pay an annual fee of one hundred euros.
