Attestations

The attestation of financial capacity is a certification issued by a professionally qualified subject (credit company or financial intermediary) by virtue of which is documented the possession, by a given subject, of certain economic / equity assets. The attestation of financial capacity is not a guarantee (real or personal) but consists of an authoritative statement to which the regulatory system attributes a certain consequence and particular legal effects.

Before a declaration of financial capacity is released, an analysis is carried out of all the economic and patrimonial components of the applicant company; only after this examination can a resolution line be approved, the amount of which depends on the possibility of awarding the company (so-called financial capacity).

According to our legal system, under various circumstances, the financial capacity of the company is demonstrated beforehand for the exercise of certain types of activities. The rationale of these provisions is to be found in the legislator’s desire to make a selection upstream of the parties wishing to exercise certain activities.

Among the various regulatory hypotheses in which the legislator has requested the demonstration of financial capacity are:

• certificates of financial capacity for the opening of driving schools (Article 2, paragraph 2, D.M. 317/95);
• certificates of financial capacity for the opening of automotive consultancy studies (article 4, D.M. 09/11/1992);
• certificates of financial capacity for the opening of car and motorcycle audit centers (Article 80, paragraph 9 of the Highway Code and Article 239, paragraphs 1 and 2 of the Implementing Regulation);
• certificates of financial capacity for registration in the hauliers’ register on behalf of third parties (Article 7, D.D. 291 of 25/11/2011);
• certificates of financial capacity for registration to the Environmental Managers Register (art.11, paragraph 2, D.M.406 / 1998);
• certificates of financial capacity for the operation of a passenger transport operator (passenger transport) on the road (for example, hire of a bus with a driver, Article 5 of Legislative Decree 448/1991);
  

  The main risk for the applicant is represented, in case of enforcement of the guarantee issued by the issuer, by the repayment to the latter of the amount paid following the execution.