In accordance with art. 2, paragraph 1, of the existing regulation of institutional activities, the requirement to register the Pension Fund relates to agents that operate individually and as companies, or in combination, whatever the legal form of the assumption (corporation or partnership), which are fully liable to social bonds.
They must be enrolled in the Foundation Enasarco agents operating throughout the country on behalf of Italian or foreign firms who have place of business or any agencies in Italy.
In the case of companies operating in the form of partnerships, for example , they may be enrolled:
General partnership : all partners will be enrolled ;
Limited partnership : will be enrolled only the general partners except where Article 2314 , paragraph 2 of the Civil Code.
Registration for the Fondazione Enasarco must be carried out by the company within thirty days before the beginning of the agency relationship.
Upon initial recognition the Foundation Enasarco provides to assign an identification number to the declaring company, a registration number to the agent and an identification number to the corporation.
These numbers must always be quoted in all communications to the Foundation.
The requirement to register it is also necessary in all cases provided for by Community legislation. Foreigner firms, who have no place of business or agency in Italy, must register to the Foundation if their agents usually operate or exercise a substantial part of the activities in Italy (paragraph 2).
For agents who ordinarily work abroad for a foreign company registration it is not mandatory but optional.
Registration can be made:
using special procedures reserved for Companies that are registered and authorized within the online services of our site inEnasarco ;
by downloading, from our website, the appropriate form which should be transmitted to the Foundation in Via Antoniotto Usodimare 31-00154 Rome ;
For registration we have been prepared following forms, available on this page , in the box Documentation :
Form 501/2013 for registration of agents that operate individually;
Form 502/2013 for registration of agents operating in partnership;
Form 503/2013 for registration of agents operating in corporations.
In filling the forms the principal must always specify:
the tax code of the company and the agent;
the personal data;
the date of the grant of the mandate;
the agent’s commitment to carry on business for a single company
( monomandatario ) or several companies ( plurimandatario ) ;
the number of existing insurance position ( if known ) at the Foundation ;
In the case of agents that operate as corporations:
the details contained in the notarial or private deed with the exact date of the establishment of the company and the shares of the partners with unlimited liability.
The exclusive right
The agent who chooses to carry on business for a single company has the absolute ban on work for other companies, even if they do not compete with each other.This exclusive relationship should not be confused with the “exclusive right ” regulated by art. 1743 of the Civil Code, under which the agent can not work simultaneously for companies competing in the same area of business.