Form “[Download not found]” has been designed so you can notify CONAI of any changes to details which:
- do not involve a change of tax code: in which case, the form does not require any supporting documents; the details before the change must be entered under the “transferring party” section and the details after the change must be entered under the “incumbent party” section.
- do involve a change of tax code: in which case, the corporate transaction introduces a new legal entity which, if not already registered with CONAI, must apply for membership.
The Statute states that “a stake in the Consortium cannot be split; moreover, it is non-transferable either among living persons or as a result of death, unless the company is transferred to the buyer, or in cases of mergers and divisions”. The nature of the corporate transaction must be indicated and appropriate documentation must be attached to prove the sale (usually the notarised deed). The identification details of the transferring party and the incumbent party must be clearly indicated.
It must also be indicated whether the transferring party no longer meets all the requirements to remain a CONAI member: however, if the transferor still has any business, no matter how small, involving packaging, the stake may not be transferred to the incumbent party.
From July 2016 is on a specific PEC address for receiving both the change of details declaration is the request for withdrawal: email@example.com.
For companies already consortium, you can communicate the changes in personal data (occurring after joining) or withdrawal via the web portal (impreseinungiorno.gov.it) directly from the website www.conai.org.
The provisions of the CONAI Statute governing this issue are:
Article 9 (Withdrawal of Consortium Members): “Consortium Members may only be withdrawn when they fail to comply with the admission criteria, namely when they cease any business that involves the manufacture and/or use of packaging. The declaration of withdrawal must be sent by registered mail to CONAI and shall come into effect once it has been received, provided that the Board of Directors approves the cause for withdrawal”.
Article 11: “the stake shall not be liquidated and no amount shall be due whatsoever to the withdrawn Consortium Member…”.
A form has been developed for the “[Download not found]”; the application must be submitted together with an attached document certifying the declaration (e.g. the VAT number closure application, i.e. a copy of the submission to the CCCIA applying for removal from the business register or the chamber of commerce certificate showing that the requirements are no longer met, etc). The withdrawal application must be submitted when the consortium member is no longer producing or using any packaging: if the bankruptcy proceedings are therefore agreed and put into liquidation, the withdrawal application must be submitted after the business has been shut down together with the closure of its VAT number. One possible reason for withdrawal is the transfer of the company: in this case, the withdrawal application from the transferring party shall be submitted at the same time as the request to change details.
For further information please see CONAI_GUIDE_english_version