Chi E Il Legale Rappresentante Del Comune

„Pro tempore legal representative” is an expression that is often encountered: what does it mean? Pro tempore is a Latin expression meaning „temporary”. The pro tempore legal representative is therefore none other than the current legal representative. In practice, we would like to emphasize by this expression that the function is exercised in a non-definitive way: the legal representative will be one until there is a revocation of his mandate or a new appointment by the represented social group (company, co-ownership, etc.). Article 50 of the consolidated text (Legislative Decree 267/2000) assigns to the mayor and the president of the province both the institutional and legal representation of the institution. The legal representative is a single person established in the articles of association of the company. I do not see a problem. In a company, there may be more than one person with ADMINISTRATIVE POWERS (even in the presence of a single legal representative). Of course, this consolidated text reserves the exclusive right of mayors and presidents of the provinces, the representation, also legally, of the body (municipality and province) is tangible proof that all provisions in another direction adopted in the ordinance (municipal or provincial), since they violate the law, can only be applied by the ordinary judge (art. 5, 1 March 20, 1865, No. 2248, Tous.

E). in the sense that the legitimacy of the promotion of judgments representing the common body is primarily the responsibility of the mayor and can be the responsibility of the secretary-general in his capacity as chief executive officer only in so far as that power has been conferred on him by the mayor himself or derives from one. Joint-stock companies, as we know, have their own board of directors (c.d.a.), which manages all social affairs. However, as we have seen, management is different from representation: while the first concerns the internal management of the company, the second is the power to manifest the will of the shareholders to the outside world and therefore to issue the name of the team to third parties. As a rule, it is the instrument of incorporation that determines which person also assumes the role of legal representative. If nothing is established, the legal representative is the chairman of the board of directors. We have said that the legal representative has the task of performing certain actions in the name and on behalf of the representative. In some cases, it is a voluntary decision taken in private between the interested parties, but in other circumstances, it is the law imposed by this legal agreement in order to protect the interests of the most vulnerable. After the hearing of the various judgments ordered and a first preliminary phase, the justice of the peace seised, by judgment of 14 to 16 May 2001, rejected the complaints alleging lack of valuable competence and lack of passive legitimacy of the plaintiff, as contested by the defendant municipality of Castellammare di Stabia and the s.p.a. ICAR Costruzioni Generali, confirmed the session of the various judgments and accepted the evidence for the texts contained in the explanatory memorandum, ordered the continuation of the proceedings pending separately and, finally, awarded the costs of the dispute jointly and severally to the detriment of the defendant and the third party in question. The legal representative is a person provided for by Italian law, whose function can be delegated in two ways: – „The mayor and the president of the province are the bodies responsible for the administration of the municipality and the province” (paragraph l); Non-application of the Municipal Decree of Castellammare di Stabia, in the part in which it provides for the transfer to a manager of the municipality, instead of being exclusively to the mayor and the deputy mayor of the power to represent the municipality before the court, the proposed appeal must be declared inadmissible. Our president is not currently in Italy, but the physical presence of a legal representative is urgently needed.

Can the Vice-President become a pro tempore legal representative in these cases? In a few months, the president would return to Italy. Is it absolutely necessary to inform the tax authorities? In the limited liability company, management may be entrusted to a single person (sole director) or to a board of directors. In this case too, legal representation is therefore exercised by the sole managing partner or by the chairman of the board of directors, unless otherwise specified in the articles of association. – „except in the cases provided for in Art. 107 They carry out the tasks entrusted to them by laws, statutes and ordinances and also supervise the performance of the national and regional tasks assigned or entrusted to the municipality and the province. Pacific the foregoing is clear, since in fact it is absolutely incompatible with the application of Act No. 142 of 8 June 1990 (art. Article 36 provided in the first paragraph: „The mayor and the president of the province represent the Entè% and as this had never been questioned – by the others – also in force the municipal and provincial law of 1934 as only the mayor (and possibly in case of disability the deputy mayor, cfr. Cass. and February 2400 n. 1380) may take legal action, in the name and on behalf of the municipality (see, Cass., sec. un., 10 May 2001 n. 186 Cass.

11 May 2001 n. 6546; Cass. 30 May 2000 n. 7190, among the many related to the new legislation. Assuming that the legitimacy to promote judgments representing the joint body is primarily the responsibility of the mayor and may fall within the responsibility of the secretary-general in his capacity as chief executive officer, only to the extent that this power has been conferred on him by the mayor himself or results from a rule of law or regulations of the local authority, Cass. 5 April 2002 n. 4845). We often hear from the legal representative, but there are not always clear ideas about this. In particular, we rarely know all the different areas in which this number plays a fundamental role. The figure of the legal representative is found in different fields: it is he who acts in the name and on behalf of a subject or a group of partners.

When it comes to commercial realities, the legal representative is the subject who must manifest the will of the members outside. In other words, it undertakes to sign the acts inherent in certain matters.