The Circular Assonime n. 19 of 2011 illustrates the simplified regime for the evaluation of contributions of goods in kind introduced by the legislative decree of 4 August 2008, n. 142 and recently modified by the legislative decree 29 November 2010, n. 224. This discipline implements in our legal system the community directive 2006/68/EC which modified the provisions of the Second company directive in the sense of simplifying the evaluation procedure.
The new regime complements the ordinary regime for estimating contributions of assets in kind with an alternative regime based on three criteria. The first criterion is the one based on the weighted average price, which can be used in the event that the transfer concerns transferable securities or money market instruments traded on regulated markets. The second criterion is based on the fair value of the assets resulting from the financial statements. Finally, the third criterion is the one that focuses on the unsworn appraisal expressed by an independent expert. The new regime can be used both when setting up the company and when increasing the capital.
Attachments: Circular_19011_-_The_new_regulation_of_transfers_of_goods_in_nature_and_credits.pdf
