Notification of Starting of Activity of a new Company in Italy

Starting of business activity in Italy: the Certified Notification of Start of Activity (SCIA)

 

In order to become operative a company set up in Italy, also by foregin investor/s, has to get the proper authorization/s by one or more competent public body/ies

 

The “Segnalazione Certificata di Inizio Attività”, also called SCIA, is one of the main administrative procedures to be carried out in order to start, modify or cease an economic activity which concerns: crafts, trade or industrial production sectors.

 

The SCIA is a self certificated administrative declaration to be filled by an appropriate form, it produces immediate effects; with a few exceptions, for companies it is sufficient to present the relevant SCIA form, correctly filled out and complete in all its parts, to start the economic activity.

 

The SCIA has to be presented to the Municipality where the company activity has to be performed, it allows companies to start, modify or cease an economic production activity.

 

The filing of the SCIA produces immediate effect, as it is not necessary to wait for the checks about the requirements be done by the competent bodies.

 

Requirements of the SCIA

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The SCIA is a self-certification with attachments, necessary to certify the possession of:

 

- personal requirements of the individual doing application of SCIA: for the performance of certain activities are required moral skills (i.e. not to have received criminal convictions) and professional requirements (i.e.: to possess any school or university qualification or enrollment at professional bar or proof of previous experiences in the sector of activity);

 

- objective requirements for application of SCIA: they are required by law depending on the type of economic activity to be started, they could concern, for example: the urban planning, building, health and hygiene, environmental compliance of the premises or company equipment.

 

The SCIA must be submitted before the start, modification, suspension or cessation of the activity. Since it is a self-certification in which the requirements for opening the activity are declared, it is necessary that, on the date of submission of the same, the applicant already possesses all the documents in order to start the activity, for example: the company must already be incorporated.

 

 

Which are the economic activities subject to SCIA

 

The economic activities subject to SCIA are:

 

- production and artisan activities;

 

- tourism activities;

 

- agricultural activities;

 

- commercial activities, such as: food and beverage supply activities (bars and restaurants), retail trade, online trade.

 

Special provisions concern the submission of the SCIA for the activities of:

 

- business mediation companies;

 

- commercial business intermediation;

 

- commercial agent and representative;

 

- maritime brokerage;

 

- freight forwarder;

 

- plant installation activities (for example, electrician, plumber, etc.);

 

- cleaning and porterage companies.

 

 

How to submit the SCIA

 

The SCIA must be submitted exclusively electronically to the One-Stop Shop for Productive Activities (SUAP) of the Municipality of the territory in which the activity is carried out.

 

To submit the SCIA, a series of steps must be followed:

 

- the business owner must check on the institutional website whether the relevant Municipality has a SUAP office accredited or not by the Ministry for Economic Development;

 

- depending on whether the relevant SUAP is accredited or not, the SCIA can be submitted through the following information systems:

 

a) “MUTA (Modello Unico Trasmissione Atti) information system” set up by the Lombardy Region (for accredited or not SUAPs);

 

b) “SUAP information system” accredited by the MISE (Ministero dello Sviluppo Economico; Ministry of Economic Development);

 

c) “Starweb information system” of the Chamber of Commerce (CCIAA);

 

d) “Impresainungiorno information system”;

 

e) “ComUnica information system” it is the submission to the SUAP through the territorially competent Chamber of Commerce if attached to a Single Communication practice;

 

- the information system prepares the application and sends it to the certified electronic mail address of the SUAP or the CCIAA (in case the SUAP is not accredited);

 

- the entrepreneur receives a protocol number and can immediately start the activity;

 

- the SCIA is sent to:

 

a) the local health authority (ASL);

b) Regional Envinmental Protection Agency (ARPA);
c) Fire Brigade (Vigili del Fuoco);

 

for the checks to be done by their respective competence.

 

 

Who can submit the SCIA

 

The SCIA can be submitted by:

 

- the owner of the activity or

- an accountant with mandate of the owner.

 

 

How much does it cost to submit a SCIA

 

The cost of submitting the SCIA is not standard, but varies according to the activity you intend to start and the cost of any certifications to be attached. Generally, starting the activity may involve the payment of fees, cc.gg. taxes, stamps, etc., which vary from activity to activity. Also, if the application is submitted by an accountant, the expert's fee must be added.

 

 

Checks after the submission of the SCIA

 

The activity subject to the SCIA can be started from the day of its submission.

 

Within 60 days, the competent office proceeds to verify the SCIA, the declarations and the attached certifications and - in the event of lacking of the requirements and legal prerequisites - can prohibit the continuation of the activity, subject to the regularization of the same within a term set by the administration in charge of the check, in any case not less than 30 days.

 

After the 60-day term, the competent administration can intervene only through self-protection measures and can block the company only if the SCIA concerns an activity that involves "danger of damage to:

 

- the artistic and cultural heritage;

- the environment;

- health;

- public safety;

- national defense.

 

Since most economic activities do not involve these kinds of interests, entrepreneurs, after 60 days from sending the SCIA, can operate without administrative risk.

 

Other kinds of SCIA

 

- Single SCIA (SCIA Unica). If other SCIAs or communications and notifications are required to carry out an activity subject to SCIA, the applicant presents a single SCIA to the One-Stop Shop of the Municipality, which immediately transmits it to the other interested competent bodies for the checks within their competence.

 

Within 60 days (30 in the case of construction), if the lack of the requirements and conditions required for carrying out the activity is ascertained, the administration can prohibit the continuation of the activity or ask the interested party to conform it to the current legislation.

 

- SCIA conditioned by acts of consent. If the activity subject to SCIA is conditioned by the release of more authorizations, the applicant presents the relevant request to the One-Stop Shop, at the same time as the SCIA; after that, the Conference of Services (it is the meeting of the competent bodies) is convened within 5 days. The start of the activities is subject to the issuing of the authorizations, which is communicated by the One-Stop Shop to the applicant.