Statute

article 1

Associazione Imprese Traslocatori Italiani – A.I.T.I. (Association of Italian Moving Enterprises), a member of Confederazione Generale Italiana dei Trasporti e della Logistica – Confetra, is hereby established in Rome, in accordance with the laws in force. The Association may join other national and international bodies, provided their purposes are compatible with its own and with Confetra’s purposes.

The Association does not have as its object, even in part, the exercise of commercial activity, and is non-profit.

article 2

Purposes of the association

The Association has the following purposes:

a) to stimulate – in the society where it operates and among entrepreneurs – knowledge of social and civic values, and to guide the entrepreneurs’ behaviour in the setting of a free society of development;

b) to contribute towards promoting, with civil institutions and economic, political, social, and cultural organizations, forms of collaboration that make it possible to pursue greater aims of progress together, without compromising the members’ autonomy and interests;

c) to perform the following functions for its members:

  1. protecting the figure of the entrepreneur and of moving enterprises on the moral, social, economic, trade-union, financial, and tax levels, and in every other field of importance, while promoting suitable actions and, when required, reaching agreements with businesses, working groups, and society at large;
  2. studying, promoting, and implementing every initiative to capitalize on and strengthen the mover’s work;
  3. promoting, organizing, and documenting research and studies, training courses, debates, and conferences on economic, social, technical, and management issues, and on subjects of general interest for the category;
  4. supplying to member enterprises consulting and assistance services regarding problems of interest to them;
  5. appointing its representatives to all bodies and authorities in which this representation is provided for by laws and regulations, or is required or admitted;
  6. fostering fair understanding and true collaboration between members, while foreseeing and stopping any form of harmful unfair competition.

article 3

A.I.T.I. Ethical Code and Code of Conduct

  1. Being a member means accepting and complying with the following provisions.
  2. Pursuant to article 3, paragraph 4 of law no. 180 of 11 November 2011, the member enterprises and their representatives recognize, among A.I.T.I.’s bedrock values, the rejection of any relationship with criminal or mafia organizations and with subjects that have relied on unlawful behaviour, in order to combat and reduce forms of control over companies and their collaborators that in practise alter free competition.
  3. The member enterprises and their representatives reject and combat any form of extortion, usury, or other types of offences implemented by criminal or mafia organizations, and collaborate with law enforcement and institutions, reporting, also with A.I.T.I.’s assistance, any episode of unlawful activity they suffer.
  4. The member enterprises whose behaviour is not consistent with the commitments to combat the activity of criminal organizations and to collaborate with institutions, in accordance with the provisions of the above paragraphs, must be rebuked by the association’s responsible bodies.
  5. The enterprise that, after written rebuke, does not bring its behaviour in line with the obligations derived from this Ethical Code, is to be punished by suspension from the association relationship for six months to one year. After the suspension period, if the company has not brought its behaviour into compliance with the Ethical Code, the responsible bodies shall rule in favour of expulsion from the association.
  6. Being a member entails the obligation of compliance with the A.I.T.I. Code of Conduct, an integral part hereof. An integral part of the A.I.T.I. Code of Conduct is Codice di Condotta (“code of conduct”) published by Unioncamere; both documents are attached hereto.
  7. The member enterprises whose behaviour is found inconsistent with the A.I.T.I. Code of Conduct, in accordance with the provisions of the above paragraph, shall be rebuked in writing by the association’s responsible bodies, which shall indicate the non-conforming behavior.
  8. The enterprise that, after written rebuke, fails to bring its conduct in line with the obligations derived from the A.I.T.I. Code of Conduct, is to be punished by suspension from the association relationship for six months to one year. After the suspension period, if the company has not brought its behaviour into compliance with the A.I.T.I. Code of Conduct, the responsible bodies shall rule in favour of expulsion from the association. Suspension does not provide relief from the obligations arising from art. 7 of the Statute.

article 4

Professional recognition

The Association shall undertake to exercise all the actions aimed at promoting the identification and the professional qualification of the member enterprises and to consolidate its role as responsible body and guarantor vis-à-vis third parties, by pursuing increasingly marked professional recognition for its members by means of regulatory instruments, and the adoption and application of the Ethical Code and of the A.I.T.I. Code of Conduct, as established in art. 3 above, and of the Model moving contracts drawn up and published in collaboration with Unioncamere.

article 5

Requirements

All enterprises that carry out moving activity, of any economic size, and that perform road haulage on behalf of third parties, may join the Association.

The admission application must be signed by the enterprise’s legal representative, with the commitment to use personnel and vehicles in compliance with the regulations in force, and accompanied by the certificate of registration with the Chamber of Commerce in whose jurisdiction the company is located, indicating the activities performed at the main office and entry in the registry of road haulers for third parties (Albo autotrasportatori per conto di terzi).

Adoption and application of the Ethical Code and of the A.I.T.I. Code of Conduct, as described in art. 3 above, is also a requirement necessary for membership and for the enrolment of new member enterprises.

Bodies, Institutions, and other legal subjects that, although allowed to attend the Association’s meetings, are neither entitled to voting right nor allowed to join the Board of Directors, may join the Association, upon simple application and with the commitment to pay the contribution agreed upon with them.

article 6

Enrolment procedures

The admission application, signed by the legal representative, is to be submitted to the Association which, through the Board of Directors, decides upon acceptance following verification of the documents provided.

The application, to which documentation proving the requirements pursuant to the above article shall be attached, shall contain all the necessary Company registration data and explicit declaration of acceptance hereof.

The Enterprise is definitively accepted into the Association after the application is approved by the Board of Directors.

article 7

Duration

Membership in the Association is complete upon signing the admission application, which entails commitment to paying the membership fee for the solar year of reference, and shall be understood as tacitly renewed each solar year thereafter in the absence of a cancellation sent by registered letter, at least two months prior to expiration.

Membership fees following that paid upon enrolment shall be paid, in accordance with the provisions of art. 18 below, by no later than 31 May in the year of reference.

After said deadline has passed, the Association shall give the member formal notice of arrears. Should arrears persist, the Association reserves the right to expel the member and shall proceed with judicial recovery of the debt owed.

article 8

Obligation to provide notice of corporate changes

The Enterprise that modifies its legal form, or that is the object of conferral, merger, or share transfers substantially modifying the corporate ownership, may maintain its Membership status if, by the deadline of one month, it notifies the Associations of the changes that have taken place.

The Board of Directors may request the necessary documentation.

article 9

Loss of membership status

Membership status is lost:

9.1) by resignation;

9.2) due to cessation of activity;

9.3) due to expulsion following loss of the requirements on the basis of which admission was granted (art. 5) and/or due to arrears in membership fees;

9.4) due to expulsion.

In the case pursuant to the above paragraphs, the procedures and deadlines for membership status to cease shall be determined by the Board of Directors.

Against the expulsion measures, the Association’s Assembly may be petitioned by no later than thirty days after notification of the decision. The Assembly shall pass its decision definitively and without dispute at its first meeting.

article 10

Association’s bodies

The following are the Association’s bodies:

  • the General Assembly
  • the Board of Directors
  • the Chairman
  • the Arbitration Board
  • the Board of Auditors

article 11

Assembly

The Assembly consists of all the Member Enterprises that have paid their membership fees, and is called by the Association’s Chairman at least once a year and whenever he or she deems it appropriate in the Members’ interest, or when request therefor is made by the Board of Directors or by at least one third of Members.

Notification is made by letter, e-mail, fax, or telegram to be sent at least 15 days prior to the meeting, indicating the location, date, time, and items on the agenda.

The meeting in first convocation is in order when attended by 50% plus one of the votes available to all the members. However, once one hour has passed, the Assembly is in order, in second convocation, whatever number of votes is in attendance.

Each Enterprise attending the Assembly is entitled to one vote for each member branch or main office.

Representation by proxy conferred to another member enterprise with a maximum of three proxies is permitted.

Decisions are taken by the majority and, in the event of a tie, the Chairman casts the deciding vote.

article 12

Assembly’s tasks

The Assembly has the following tasks:

  • to examine the problems of a general nature of interest to the category, and making decisions in this regard;
  • to appoint the Board of Directors, determining its number of members;
  • to co-opt the Chairmen of the sections as members of the Board of Directors, with the qualification of Deputy Chairmen;
  • to appoint the Arbitration Board;
  • to appoint the Board of Auditors;
  • to appoint the sections, which approve their rules, to examine and study the problems typical of given specialist activities of the member businesses;
  • to pass decisions on all the topics within its purview pursuant to this statute, or that have been submitted to it by the Association’s bodies;
  • to approve the economic and financial Report for the financial year;
  • to designate the Secretary.

article 13

Board of Directors

The elected Board of Directors appoints the Chairman and the Deputy Chairman from its membership. The Board of Directors consists of the Chairman, the Deputy Chairmen of the Association, and a number of members to be determined by the Assembly, has a two-year term of office, and meets at the convocation of the Chairman whenever he or she deems it appropriate, or also at the request of one third of its members.

The Board of Directors decides as to the admission of new members and, where applicable, their expulsion, promotes initiatives, and adopts measures in the Association’s interest, based on the directives outlined by the Assembly.

The Board of Directors determines the treatment and functions of personnel.

The Board of Directors prepares the economic and financial report.

article 14

Chairman

The Chairman has a two-year term of office and may be re-elected, but may not serve more than four consecutive years in office. The Chairman has the Association’s legal representation, executes the decisions of the Assembly and of the Board of Directors, and presides over their meetings. If unable to attend, he or she is substituted by the Deputy Chairman elected by the Board of Directors.

Upon approval of the Board of Directors and ratification by the Assembly, the outgoing Chairman may be conferred a third consecutive mandate solely in the case he or she is following a regulatory and/or institutional path and the Assembly or the Board of Directors has expressly delegated him or her to complete it.

article 15

Arbitration Board

The three-member Arbitration Board is appointed by the General Assembly, which also designates its Chairman.

Arbitrators have a two-year term in office and may be re-elected, but may not hold other positions in the Association.

The Board is tasked with expressing its opinion or making decisions not subject to appeal on any dispute that may arise between the members and the Association, or among the members, when the parties to said disputes so request.

The Board expresses its opinion as to any expulsions from the Association proposed by the Board of Directors, and on interpretation of the statute.

article 16

Board of Auditors

The Board of Auditors consists of three members, of whom one is elected Chairman.

The members of the Board of Auditors are elected by the Assembly, have a two-year term of office, and may be re-elected.

Regular Auditors attend Board meetings with ex officio advisory vote. The Auditors are tasked with monitoring, in the broadest fashion, the Association’s ordinary and extraordinary management, and oversee compliance with the statute’s regulations. They report to the Assembly in writing, and the ascertainments made must be taken down in minutes.

article 17

Membership fee

The Association shall see to all the expenses related to the operation and performance of the Association’s activity by charging members a membership fee.

The administration of the Association is entrusted to the Chairman, who sees to same in compliance with the directives established by the Board of Directors.

The proceeds as per the above paragraphs shall at any rate remain with the Association and cannot be distributed even indirectly in the form of profits or operating surpluses, or as funds, reserves, or capital.

article 18

Financial year

The financial year closes on 31 December each year. By no later than 31 May each year, the Board of Directors shall compile the economic and financial report for the previous financial year and the estimate for the one in progress, which shall be submitted to the Assembly for approval.

article 19

Modifications to the Statute. Dissolution. Liquidation. 

Any modifications to be made hereto, as well as the dissolution and liquidation of the Association, must be decided upon by an Extraordinary General Assembly called specially by the Chairman by registered letter preceded by fax to be sent to each Member at least fifteen days prior to the convocation date.

The Extraordinary Assembly called in this manner is in order at first convocation when two thirds of the Members are in attendance or represented by proxy, or in second convocation the following day when at least 50% of the Members are in attendance or represented by proxy.

In the event of dissolution of the Association on any grounds, the assets remaining after liquidation shall be made over to another association with similar purposes or to purposes of public utility, having heard the opinion of the control body pursuant to art. 3 paragraph 190 of law no. 662 of 23 December 1996.

article 20

F.I.D.I. Section

As provided for by art. 12 above, the “F.I.D.I. Section” is established, to which the businesses that are members of Federation Internationale des Dèmènageurs Internationaux belong.

The Section operates and functions in compliance with the norms of the regulation attached under letter A hereto, forming an integral part hereof.

The businesses that on the date of establishment of Associazione Imprese Traslocatori Italiani are enrolled in F.I.D.I. join the “F.I.D.I. Section” with none of the formalities required for new members.

article 21

International and Ministry Relations Section

As provided for by art. 12 above, the “International and Ministry Relations Section” is established, to which the member enterprises that are also enrolled in Elenchi Interprovinciali Autorizzati degli Spedizionieri (authorized inter-provincial lists of shippers) belong.

The Section operates and functions in compliance with the norms of the regulation attached under letter B hereto, forming an integral part hereof.

article 22

Section for relations with public administration

As provided for by art. 12 above, the “Section for Relations with Public Administration” is established, to which the member enterprises that also possess the two requirements established and defined by the Section Regulations belong: putting up a guarantee and signing an insurance policy for transport and civil liability, specific for the moving sector.

The Section operates and functions in compliance with the norms of the regulation attached under letter C hereto, forming an integral part hereof.