What is the public sales portal?

The PVP was established by art 13, letter b, n ° 1, of the Decree-Law of 27 June 2015, n.83 converted with amendments by Law 6 August 2015, n. 132, which replaced the first paragraph of art. 490, establishing that:

«When the law provides that an executive act is given public notice, a notice containing all the data, which may be of interest to the public, must be placed on the portal of the Ministry of Justice in a public area called the" public sales portal ". "

On the PVP the notices of sale of the assets deriving from the executive and insolvency procedures are published as well as the additional procedures for which publication by law is required.

Through the PVP, users interested in submitting an offer also have the right to view the properties within 15 days of the request made, only through the PVP, pursuant to Article 560 of the Italian Civil Code as amended by Legislative Decree No. 59/2016. In this context, the request to visit / view the property will be sent exclusively through the PVP.

The portal has been active since 17 July 2017 and starting from that date on the disposal of the judicial authority it is possible to proceed with publication and consultation.

The public sales portal is accessible from the following addresses:

https://pvp.giustizia.it

https://venditepubbliche.giustizia.it

https://portalevenditepubbliche.giustizia.it

When will posting on the public sales portal become mandatory?

The rules relating to the obligations of publication on the public sales portal and those connected to them shall apply not before thirty days have elapsed from the publication in the Official Gazette of the technical specifications provided for by article 161-quater of the provisions for the implementation of the civil procedure as provided for by art. 23, paragraph 2, of Legislative Decree 27 June 2015, n. 83, converted with amendments by Law 6 August 2015, n. 132,

Furthermore, as required by paragraph 3-bis of article 4 of Legislative Decree 3 May 2016, n. 59 converted with amendments by Law 30 June 2016, n. 119, by decree of the Minister of Justice, the full functionality of the public sales portal provided for by article 161-quater of the provisions for the implementation of the code of civil procedure is ascertained and that the portal is operational from the publication of the decree in the Official Gazette. Official.

The same decree also establishes that the request to visit the properties referred to in art. 560, fifth paragraph, fourth period, of the code of civil procedure is formulated exclusively through the public sales portal starting from the ninetieth day following the publication in the Official Gazette of the decree referred to in paragraph 3-bis and that the provision referred to in art. 569, fourth paragraph, of the code of civil procedure relating to telematic sales applies to forced sales of real estate ordered by the execution judge or by the delegated professional after the ninetieth day following the publication in the Official Gazette of the decree referred to in paragraph 3- BIS.

The publication of the measures is expected by 30 September 2017, so presumably the publication will become mandatory by 30 October 2017, while the mandatory request for a visit to the properties and telematic sales experiments starting from 30.12.2017. Any postponement of publication of the provisions will postpone the mandatory terms indicated above to a later date.

What procedures are there for publication on the public sales portal?

The mandatory publication on the PVP concerns:

the sale of movable property, registered movable property and immovable property deriving from individual enforcement procedures pursuant to Article 13, paragraph 1, letter b) no. 1 of the DL 27. June 2015 n. 83;

arrangement with creditors with the transfer of assets provided for by Article 182 RD 16.03.1942 n. 267, pursuant to art 2 paragraph 2 letter b DL 27 June 2015 n 83;

liquidation in the field of bankruptcy or in the hypothesis of sale pursuant to Article 107 of the LF, pursuant to Article 11 of Legislative Decree 27 June 2015 no. 83;

the sale of assets deriving from non-holding pledges pursuant to Article 1 paragraph 7 letter a) Legislative Decree 3.05.2016 n. 59.

With regard to the publication of the assets referred to in letter "A", it is expressly provided for by Article 631 bis of the Italian Civil Code, that if the publication on the public sales portal is not carried out  within the term established by the judge for reasons attributable to the attachment creditor or creditor intervening with an enforceable title ,  the judge will declare the termination of the enforceable process by order.

Who can post notices of sale on the public sales portal?

The publication on the public sales portal is carried out by the delegated professional or the commission agent or, failing that, by the distraining creditor or the intervening creditor with enforceable title and in accordance with the technical specifications, better defined as "entitled person".

Access to the reserved area is via a digital signature device or CNS (National Service Card). In some cases, during access, it is necessary to install the certificates of your device on the PC and evaluate the compatibility of the browser used. In place, the most compatible browser would seem to be google chrome.

The PVP recognizes the subject entitled to publication through a system of connection to the electronic registers of the SIECIC and SICID registry.

The manual relating to the insertion of the notice of sale can be found at the following link:

https://pst.giustizia.it/PST/resources/cms/documents/Manuale_user_Back_Office_Insinser_Avvisi_di_Vendita.pdf

What are the data that must be published?

Summary of the phases of insertion on the portal:

enter the identification data of the procedure and its bodies;

report the identification data of the asset / lot for sale (description, cadastral data, etc.);

insert the notice of sale;

attach the relevant documents (order of sale, notice of sale, appraisal, photos, etc.) NB it is mandatory to publish at least one document (order or notice of sale);

pay the publication fee;

select the local advertising site and the sales manager;

then enter the outcome of the tender and any significant events (e.g. revocation, suspension, etc.).

What is the amount of the publication fee on the public sales portal?

A contribution of 100 euros is due for publication by the proceeding creditor. The contribution is foreseen pursuant to art. 18 bis (inserted by art.15, paragraph 1, DL 27 June 2015, n.83, converted, with modifications, by Law 6 August 2015, n.132) of Presidential Decree 30 May 2002, n.115 (Consolidated Law in matters of court costs). NB: When the sale is arranged in several lots, the publication fee is due for each lot.

When there is admission to legal aid, the contribution for the publication is booked in debt.

The contribution is not due for the publication relating to assets other than registered real estate and movable assets with a value of less than 25,000 euros.

How do I pay the publication fee on the public sales portal?

The instructions for the payment of the contribution can be found at the following link:

http://pst.giustizia.it/PST/resources/cms/documents/pagamento_importo_fisso_PVP.pdf

Is there assistance with publishing on the public sales portal?

A Help Desk service is not currently offered by the Ministry of Justice, but as stated above, manuals are available on the pst.giustizia.it website and FAQs and a guide on PVP.

In order to provide concrete support to the subjects entitled to publication, the Edicom Group has activated support services for uploading to the public sales portal, through a dedicated Contact Center.

The service will be available from Monday to Friday from 9:00 to 13:00 and from 14:30 to 17:00 and can be reached by the following means of contact:

call center at 041.5369911;

e-mail: assistenza.pvp@edicomsrl.it ;

through the appropriate contact form on the asteannunci.it portal;

via online chat contact available on the Edicom network sites.

In addition, on-site assistance is provided through qualified personnel available at the territorial offices of the Edicom Group.

Are there any training courses?

Edicom makes itself available in collaboration with local professional associations to support and sponsor training meetings and initiatives useful for providing correct information for professionals involved in various capacities in the uploading of sales notices on the public sales portal and on telematic sales described below. .

What are the other forms of advertising for sales notices?

In addition to the publication on the public sales portal, the publication on specialized internet sites for the insertion of the notices of sale referred to in Ministerial Decree 31/10/2006 as required by paragraph 2 of art 490 cpc continues to be mandatory :

" In the event of expropriation of registered movable property, for a value exceeding 25,000 euros, and of immovable property, the same notice, together with a copy of the judge's order and the appraisal report drawn up pursuant to Article 173-bis of the provisions for the implementation of this code, is also posted on specific websites at least forty-five days before the deadline for the submission of offers or the date of the auction. "

The public sales portal automatically transmits the publication data to the websites referred to in paragraph 2 indicated in the order by the Judge, but does not transmit the attachments to be compulsorily published (Notice / order of sale, appraisal report) which will be transmitted directly from the person entitled to publish to the manager / s of the website / s arranged in the ordinance.

The Edicom Group has the following specialized websites for the insertion of sales notices authorized by the Ministry of Justice: www.asteannunci.it - www.asteavvisi.it - www.canaleaste.it - www.rivistaastegiudiziarie.it

Further forms of advertising, provided for by paragraph 3 of art. 490 of the Italian Civil Code, may be ordered by the Judge or at the request of the proceeding creditor or creditors who have intervened with title:

"Even at the request of the proceeding creditor or of the intervening creditors with enforceable title, the judge may also order that the notice be inserted at least forty-five days before the deadline for the submission of offers one or more times in the local news newspapers with greater circulation in the area concerned or, when appropriate, in national news newspapers or which is disseminated in the form of commercial advertising. Local, multi-weekly or weekly news newspapers published by subjects registered in the Communications Operators Register (ROC) and having editorial characteristics similar to those of newspapers that guarantee the greatest circulation in the area concerned are equivalent to daily newspapers. In the notice, the indication of the debtor is omitted. "

For this reason, the professional in charge, in the usual manner, will have to send the publication request to the Edicom Group relating to the advertising obligations set forth in the ordinance pertaining to the same. (E.g. websites, management of print advertising, complementary and commercial advertising).

SIMPLIFICATION OF THE PERFORMANCE OF ADVERTISING OBLIGATIONS BY THE LEGITIMIZED SUBJECT FOR PUBLICATION (DELEGATED PROFESSIONAL, CURATOR, JUDICIAL LIQUIDATOR, ETC.)

In light of the foregoing, the Edicom Group, in the context of the Courts with which it systematically collaborates, proposes the following steps in order to simplify the execution of advertising obligations:

The subject entitled to publication sends Edicom the request for publication accompanied by billing data and attachments (notice of sale and appraisal report, photos and plans of the lots for sale).

The sending methods are as follows:

through the electronic submission procedure on the www.asteannunci.it portal

by specific e-mail address (the local e-mail addresses dedicated to the single Court are already active);

by short hand delivery to the staff available at the local offices.

Edicom staff assist applicants in preparing the documentation, also for the purpose of complying with the legislation on privacy and confidentiality for the protection of the executives NB: the applicant is in any case required to check the documentation in order to verify the absence of data sensitive. Furthermore, it is envisaged that the person entitled to publish on the public sales portal can upload the lots via XML file. These files will be generated by Edicom and sent to the applicant by email in order to simplify the procedure for uploading the notice of sale on the public sales portal.

Edicom staff proceeds with the processing of the publication request by carrying out the advertising obligations provided for in the ordinance relating to paragraphs 2 and 3 of art. 490 cpc

The proofs of publication on the advertising media arranged in the ordinance are sent to the applicant, with the exception of the publication receipt on the public sales portal.

As previously indicated, the Edicom Group staff will remain at the disposal of the subjects entitled to publish in order to provide all the assistance necessary for a correct and timely execution of all the advertising obligations envisaged in the ordinance.

What are telematic sales?

Article 569 of the Civil Code , 3rd paragraph, provides that the Judge, after having ordered the forced sale of the property, "establishes, unless it is prejudicial to the interests of creditors or for the prompt execution of the procedure, that the payment of the deposit, the submission of offers, the conduct of the tender between the bidders and, in the cases provided for, the auction, as well as the payment of the price, are carried out electronically, in compliance with the regulatory provisions referred to in Article 161-ter of the provisions for the implementation of this code. "

The Ministerial Decree n. 32 of February 26, 2015 (Regulation containing the technical and operational rules for carrying out the sale of movable and immovable property using telematic methods) defines the procedures for carrying out the online tender.

By telematic sale, therefore, we mean the method of conducting a tender between multiple bidders through the use of a specific IT platform, made available by the manager, which allows the management and participation in the sale through the methods and specifications provided for by the Ministerial Decree 32/2015.

How mandatory will telematic sales become?

The commencement of the compulsory sales experiment with telematic methods is presumably foreseen from 30.12.2017.

Who is the telematic sales manager?

The telematic sales manager is a person constituted in the form of a legal person who must be registered in a special register established by the Ministry of Justice, which is authorized by the Judge to manage the online sale.

The companies of the Edicom Group, Edicom Finance Srl and Edicom Servizi Srl are registered in the register of telematic sales managers with PDG n. 2 of 04/08/2017 and PDG n. 3 of 04/08/2017 , for all the districts of the Court of Appeal.

For registration purposes, the companies have carried out the following mandatory requirements:

Activation of a 3 million euro policy for the financial consequences deriving from the performance of the telematic sales management service, necessary to operate in all the districts of the Court of Appeal;

Adoption of an operational manual of the services;

Adoption of a security plan which describes all the measures and precautions adopted by the manager to ensure the protection of personal data processed through the portal and the security of operations, their integrity, and the availability of services; the plan includes measures for the periodic saving of data and their restoration in the event of damage or loss of data and systems (disaster recovery);

Compliance of the portal with the technical requirements referred to in articles 10 and 11 of the law 9 January 2004, n. 4 and the decree of 8 July 2005 of the Minister for innovation and technology, published in the Official Gazette of 8 August 2005, no. 183, as well as the decree of the President of the Republic of 1 March 2005, n. 75.

In particular, the companies have the following management platforms:

Edicom Servizi Srl: DoAuction management platform that has two web interfaces (showcase sites) at the addresses www.doauction.it (Italian version) www.doauction.com (English version) in which the telematic sales of both movable and immovable property are published and www.astemobili.it dedicated exclusively to the telematic sale of movable goods.

Edicom Finance Srl: GaraVirtuale management platform that has a web interface (showcase site) at the address www.garavirtuale.it in which the telematic sales of both movable and immovable property are published.

The platforms integrate the following features:

showcase sites for consulting the goods on sale;

management of the types of tender provided for by Ministerial Decree no. 32 of 26/02/2015: synchronous, mixed synchronous, asynchronous, real estate sale without enchantment and through commission agent;

competition console for the "referent of the procedure" and Judge;

tender console on the "bidder" side;

area dedicated to those interested in assisting in telematic sales operations after registering on the portal;

computerized register of telematic sales assignments.

What are the types of telematic sales?

The management platforms made available by the Edicom Group have been conceived in order to be able to manage all the types of telematic sales envisaged by Ministerial Decree 32/2015 and other types of telematic sales that do not fall within the scope of application of the decree (Ex. collection of offers or expressions of interest, online competitive procedure, competitive leasing, in the context of insolvency procedures).

Synchronous sale : procedure for carrying out the auction or tender in the real estate sale without enchantment in which the bids are formulated exclusively electronically in the same unit of time and with the simultaneous connection of the judge or the referent of the procedure (delegated professional) and all bidders. Participation in this type of tender provides that the offer and the request to participate in the auction can only be submitted electronically in accordance with articles 12 and 13 of Ministerial Decree 32/2015.

Mixed synchronous sale: procedure for carrying out the auction or tender in the real estate sale without enchantment in which the bids can be formulated, in the same time unit, both electronically and by appearing before the judge or the referent of the procedure (delegated professional. this type of tender provides that the purchase offer and the request to participate in the auction can be submitted electronically in accordance with articles 12 and 13 of Ministerial Decree 32/2015 or in the traditional way by filing at the office of the delegated professional or in the registry. In this context, those who have formulated the offer or request electronically participate in the sales operations with the same methods, while those who have formulated theoffer or request in a traditional manner participate by appearing before the judge or the referent of the procedure.

Asynchronous sale : procedure for carrying out the tender in the real estate sale without enchantment in which the bids are formulated, exclusively electronically, in a predetermined period of time and without the simultaneous connection of the judge or the referent of the procedure (delegated professional). Participation in this type of tender provides that the offer and the request to participate in the auction can only be submitted electronically in accordance with articles 12 and 13 of Ministerial Decree 32/2015.

Real estate sales without enchantment and through commission agent: asynchronous sale of movable assets. To participate in this type of sale , users interested in participating must register on the portal of the telematic sales manager by filling out the appropriate digital registration form, entering the identification data and contact details required by Ministerial Decree 32/2015. Once the registration procedure has been completed and the account activated, the user is assigned a useful pseudonym and guarantees anonymity.

How do you submit an offer to participate in an online sale?

The offer for participation in telematic sales referred to in Ministerial Decree 32/2015, are presented exclusively through a web form that will be made available on the public sales portal, also made accessible from the link in the sheet relating to goods for sale on the portal of the telematic sales manager.

In order to be able to submit the offer electronically, the bidder has two options listed below:

have a "certified e-mail box for telematic sale" (this is a particular PEC identification box useful for the sole purpose of participating in the telematic sale issued by a manager identified by the Ministry of Justice provided for by Article 13, paragraph 4 of 32 of February 26, 2015);

have a "traditional" certified e-mail address and a digital signature device with which to sign the offer.

The manual for the submission of online offers issued by the Ministry of Justice can be found at the following link:

https://pst.giustizia.it/PST/resources/cms/documents/ManualeUtenteOfferta06_08_2021.pdf

Is there any assistance for the management and participation in telematic sales?

The companies of the Edicom Group, Edicom Finance Srl and Edicom Servizi Srl, in their capacity as telematic sales managers, provide the following assistance services:

Support to citizens for participation in telematic sales:

Support for telematic sales professionals:

CONTACTS FOR INFORMATION AND ASSISTANCE

The service is active from Monday to Friday from 9:00 to 13:00 and from 14:30 to 17:00 through the following means of contact:

Venice-Mestre office: tel. 041.5369911 fax 041.5361923

Palermo office: tel. 091.7308290 fax 091.6261372

e-mail: venditetelematiche@edicomsrl.it

online chat available on the portals: www.astemobili.it - www.doauction.com - www.garavirtuale.it