News
Sale of a business unit: the loss of the SOA certification is to be concretely ascertained
- 17/07/2017
The Italian certification bodies (so-called SOA, standing for “Società organismi di attestazione”) are private law entities, authorized by the Italian National Anti-Corruption Authority (so-called ANAC). Upon a company’s request, they ascertain whether or not that company complies with the technical and financial requirements which are necessary for the execution of public works.
On this issue, the Third Section of the “Consiglio di Stato” had asked the Plenary Session to establish what happens to the certifications already obtained by a company, when that company sells one of its units.
With Judgment of 3rd July 2017, the Plenary Session has explained that the sale of a business unit does not automatically determine the loss of a SOA qualification. Indeed, it must be carried out a thorough assessment of the sale agreement, by taking into account the purposes of the parties as well as the object of the transfer.
Moreover, when a business unit is transferred, if the SOA, upon request or in the course of one of its periodic checks, verifies that the selling company has kept the requirements for qualification, this means that the company at issue has uninterruptedly kept the certification.
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