Changes to company data
Changes to the data of existing company members must be notified via the “Online Membership Application” service by accessing the impresainungiorno.gov.it portal, directly from the website www.conai.org (Breve_Guida_Adesione_Online – Short_Online_Membership_Guide).
In the event of corporate operations the new legal subject must present a membership application if it is not yet a Conai member.
The Articles of Association state that “the Consortium membership fee is indivisible and may not be transferred to third parties either by inter vivos transactions or mortis causa, except in case of a company transfer, merger or division”.
The nature of the corporate transaction must be indicated and appropriate documentation must be attached to prove the sale (usually a notarized deed). The identification details of the transferring party and the incumbent party must be clearly indicated.
If the transferor no longer meets all the requirements of Conai membership this must also be indicated. However, if the transferor still has any business, no matter how small, involving packaging, the stake may not be transferred to the incumbent party.
Changes which do not involve tax code and VAT number are submitted in the Online Membership Application without additional documentation. Alternatively Consortium members who are already registered on the CONAI online declarations service can update their data directly on the “Edit company details” menu.
Withdrawal
The provisions of the CONAI Articles of Association governing this issue are:
Article 9: “Consortium members may only withdraw when they fail to comply with its admission criteria. CONAI must be notified with a statement of withdrawal by registered letter. If withdrawal is the result of one or more of the systems provided for in Article 221, paragraph 3, letters a) and c) of Legislative Decree 152/06 being adopted or involvement in such a system as a user of packaging that is part of the aforementioned systems alone, withdrawal shall take effect from the moment the measure recognising the system is adopted.”
Article 10: “Consortium members shall be excluded from the Consortium if they no longer meet its admission requirements, if they undergo insolvency proceedings that do not entail continuation of business in the financial year in question, even provisionally, and if they are no longer able to participate in the fulfilment of the consortium’s objectives […].”
Article 11: “The stake shall not be liquidated and no sums whatsoever shall be due to the withdrawn Consortium member.”
Article 12: “The Consortium membership fee is indivisible and may not be transferred to third parties either by inter vivos transactions or mortis causa, except in case of a company transfer, merger or division.”
A withdrawal application form has been drawn up (Withdrawal application form) which must be submitted in the event that the packaging producer or user requisites no longer exist or if the company opts for one of the systems set out in the aforementioned article 9, paragraph 3 of the Articles of Association.
Companies which are already consortium members can notify Conai of withdrawal on the web portal (impresainungiorno.gov.it) directly on the website www.conai.org, as long as they have not yet been taken off the Register of Companies.
For further information please see Guide to CONAI membership and EPR fee application