Law no. 130 dated 26 July 2010 was recently passed to regulate trade in the country. Article 4 states that trade can be plied in the form of: retail, wholesale, e-commerce, or in the form of commercial brokerage and auxiliary activities. Retail. This can be performed in one of the following forms: a) business open to the public; b) by means of automatic machines; c) by means of communication systems such as computers, correspondence and television; d) in the form of street vending In public areas; e) directly in the homes of consumers or other places other than public areas. The following may be licence holders for retail in businesses open to the public: 1. Individuals who live in the Republic of San Marino or corporate bodies duly recognised pursuant to San Marino laws. 2. In the case of corporate bodies, holders of trading licences, as referred to above, share capital or shares representing the majority of the share capital must be in the hands of individuals who live in the Republic of San Marino. 3. By way of exception to the above provisions, the share capital or shares representing the majority of the share capital can be held by: a) commercial corporate bodies whose shares are held by individuals who live in the Republic of San Marino; b) following the authorisation of the State Congress, by consortiums legally established in the Republic of San Marino pursuant to specific San Marino law. 4. By way of further exception, the law states that the establishment is allowed of limited-liability companies or joint-stock companies in which the following can hold majority shares, up to the entire share capital: a) individuals who do not live in the Republic of San Marino; b) corporate bodies established under San Marino law of a type different to that indicated in para, 3 letter a) above; c) corporate bodies not established under San Marino law. Such corporate shares cannot be represented by means of trust appointment either in the companies themselves or the holding companies. The issuing of trading licences for the business activities referred to at para. 4 above is subject to the authorisation of the Examination Committee. Wholesale. Wholesale licences can be held by individuals living in the Republic of San Marino or San Marino corporate bodies. Commercial brokerage and auxiliary activity licences can be held by individuals living in the Republic of San Marino or San Marino corporate bodies. As regards procedures and authorisations for the issuing of trading licences, please refer to the provisions of title II of law no. 130 dated 26 July 2010. The Law makes a distinction as regards procedures for issuing licences modulated on the basis of the various types of licences themselves (i.e. retail or wholesale) as well as on the basis of the single ways of performing the activity, e.g., according to how the retail activity is to be performed (whether in the form of “neighbouring business” rather than “medium-sized organisation business” or “large business”) the procedures can vary for the issuing of licences, and this also includes the bodies from which to request authorisations (i.e. to ask for a retail business licence to ply business in the old-city centre of the Capital, an application must be made to the Industry, Crafts and Trade Department, which in turn sends the application to the Township Council of the City of San Marino). To outline a sort of common procedure for all applications, we could say that generally speaking, applications are filed with the Industry, Crafts and Trade Department.
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Trading with european union countries Imports. Goods purchased by San Marino traders in European Community Member States, other than Italy, and destined for the Republic of San Marino (in compliance with Decree no 50 of 24.03.1993) must arrive in San Marino accompanied by European Community T2 or T2L transit documents, or declarations. A T2 declaration is an electronic document issued by a Customs Authority, called an “Office of Departure”, and addressed through the electronic NCTS (New Community Transit System) to another Customs Authority, called an “Office of Destination”. Every T2 declaration is assigned an MRN (Movement reference Number). This MRN number will be the same throughout the European Union and is recognized in all Member States. On arrival of the goods, the trader must present these transit declarations to the authorized carrier or forwarder in order to expedite the customs clearance formalities regarding imports. On being contacted by the trader, the authorized carrier will ascertain the conformity of the transit declaration, and check the NCTS for all information flows regarding the consignment issued by the Office of Departure. The NCTS directly attributes a channel or gate to any transit declaration released into the system. This will determine whether the goods in question will be required to submit to document and/or physical inspection. Should physical inspection be required, this shall be conducted by the Fiscal Office or by the San Marino Guardie di Rocca Authorities in the presence of the authorized carrier. Following all necessary inspections and checks, the carrier will then complete the procedure allowing official entry of the goods, and sign off or discharge the declaration on the NCTS. The goods may then be made available to the trader. Exports. Goods destined for export to European Community Member States, other than Italy, must be presented at the authorized carrier or forwarder in order to expedite the customs clearance formalities regarding exports. The authorized carrier will issue a (NCTS) T2 transit declaration along with any other certificates required by the country of destination. These are sent via the NCTS system to the Customs Authority, or Office of Destination, of the Member State in question. The NCTS directly attributes a channel or gate to the transit declaration generated. This will determine whether the goods in question will be required to undergo just document or also physical inspection. In the event of physical inspection being required, this shall be conducted by the Fiscal Office or by the San Marino Guardie di Rocca authorities in the presence of the authorized carrier. Following all necessary inspections and checks, the carrier will then complete the export procedure, after which the trader may expedite dispatch. Once the goods exported from San Marino have reached their destination, the recipient or consignee shall make them available for inspection by the competent Customs Authorities in order to complete Customs import formalities. The export procedure originated by San Marino is completed only once the Destination country has issued an Import Manifest, or Bill of Entry, and officially signed off or discharged the procedure initiated by the San Marino Customs Authority on the NCTS.
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Customs formalities in the Republic of San Marino EU imports Goods purchased by San Marino traders in European Community Member States, other than Italy, and destined for the Republic of San Marino (in compliance with Decree no 50 of 24.03.1993) must arrive in San Marino accompanied by European Community T2 or T2L transit documents, or declarations. A T2 declaration is an electronic document issued by a Customs Authority, called an “Office of Departure”, and addressed through the electronic NCTS (New Community Transit System) to another Customs Authority, called an “Office of Destination”. Every T2 declaration is assigned an MRN (Movement reference Number). This MRN number will be the same throughout the European Union and is recognized in all Member States. On arrival of the goods, the trader must present these transit declarations to the authorized carrier or forwarder in order to expedite the customs clearance formalities regarding imports. On being contacted by the trader, the authorized carrier will ascertain the conformity of the transit declaration, and check the NCTS for all information flows regarding the consignment issued by the Office of Departure. The NCTS directly attributes a channel or gate to any transit declaration released into the system. This will determine whether the goods in question will be required to submit to document and/or physical inspection. Should physical inspection be required, this shall be conducted by the Fiscal Office or by the San Marino Guardie di Rocca Authorities in the presence of the authorized carrier. Following all necessary inspections and checks, the carrier will then complete the procedure allowing official entry of the goods, and sign off or discharge the declaration on the NCTS. The goods may then be made available to the trader.
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that are consistent with one another”. Consequently, it might be useful to formulate this taking into account, besides this provision and shareholder requirements, also the “tables” on annex A of Law no. 129 dated 23 July 2010 on the issuing of licences. Art. 4 of this law lists the Types of purposes of industrial company activities and of services catalogued on the basis of the actions or activities to be performed and sectors of activity. In indicating the corporate purpose, generally speaking one of more Actions or activities to be performed can be identified, or one or more sub-categories of same, with reference to just one business activity. For certain types of companies envisaged by special laws, and for those companies whose corporate purpose contains economic activities or commodity sectors included in specific delegate Decrees, a prior non-revocable administrative authorisation may be required, expressed by the authorisation of the State Congress. An example is duty bound and could consist in the provisions of Delegate Decree no. 116 dated 13 December 2007 which is in fact entitled: ”Authorisation for Setting Up Companies having as Purpose Special Economic or Commodity Sector Activities”.