Regulation No. 2023-05 — Update to the Regulation on Procedures for Feeding and Maintaining the Debtor Registry

THE VICE DIRECTOR
OF THE CENTRAL BANK OF THE REPUBLIC OF SAN MARINO HAVING REGARD TO Article 2 of Law 30 July 2018 No. 93, as amended by Article 23 of Law 30 May 2019 No. 88; HAVING REGARD TO Law 29 June 2005 No. 96 and subsequent amendments (Statute of the Central Bank of the Republic of San Marino), and in particular Article 14, paragraph 5, which governs the case of absence or impediment of the General Director; HAVING REGARD TO the resolution of the Board of Directors of 21 December 2023, by which the text of the Regulation of the Central Bank of the Republic of San Marino entitled "Update to the Regulation on procedures for feeding and maintaining the Debtor Registry" was approved, ISSUES the attached Regulation No. 2023-05 which enters into force on today's date. San Marino, 22 December 2023 Signed: THE VICE DIRECTOR Dr. Daniele Bernardi

Central Bank of the Republic of San Marino
Regulation No. 2023-05 Update of Regulation No. 2019-02 on procedures for feeding and maintaining the Debtor Registry UPDATE TO THE REGULATION ON THE PROCEDURES FOR FEEDING AND MAINTAINING THE DEBTOR REGISTRY year 2023 / number 05

Central Bank of the Republic of San Marino
Regulation No. 2023-05 Update of Regulation No. 2019-02 on procedures for feeding and maintaining the Debtor Registry INDEX
PART I GENERAL PROVISIONS....................................................................................................................3
TITLE I LEGAL SOURCES AND DEFINITIONS............................................................................................3
Article I.I.1 - Legal sources.........................................................................................................................................................................3
Article I.I.2 - Definitions.................................................................................................................................................................................3
PART II DEBTOR REGISTRY.....................................................................................................................3
TITLE I CRITERIA AND METHODS FOR THE FORMATION OF THE DEBTOR REGISTRY.............................3
Article II.I.2 – Subjective and objective requirements for registration in the Debtor Registry ....................................................................3
Article II.I.3 – Methods for excluding tax notices or taxes subject to judicial review ..................4
TITLE II CORRECTIONS OF INFORMATION IN THE DEBTOR REGISTRY.................................5
Article II.II.3 – Correction and/or cancellation of material errors ................................................................................................................5

Central Bank of the Republic of San Marino
Regulation No.2023-05 Update of Regulation 2019-02 on procedures for feeding and maintaining the Debtor Registry
PART I
GENERAL PROVISIONS
Title I
Legal sources and definitions
Article I.I.1 - Legal sources
1. This regulation is issued pursuant to Article 2 of Law 30 July 2018 No. 93, as amended
by Article 23 of Law 30 May 2019 No. 88, and by virtue of the regulatory powers of the Central Bank provided for in Article 30 of Law 29 June 2005 No. 96.
Article I.I.2 - Definitions
1. In points 1., 5. and 6. of paragraph 1 of Article I.I.2, the words "and subsequent amendments and implementations" are added after the phrase
"Law 25 May 2004 No. 70".
2. In point 4. of paragraph 1 of Article I.I.2, the phrase "and subsequent amendments and implementations and by Decree 24 March 2004
No. 39" is added after the phrase "Law 25 May 2004 No. 70".
3. In point 8. of paragraph 1 of Article I.I.2, "payment agreements or repayment plans" are replaced by
"payment promise"; after the words "from Article" the phrase "64 of Law 21 December 2017 No. 147 replaced by Art. 3 of Decree Law 27 June 2018 No. 75" is replaced by "34 bis of Law 25 May 2004 No. 70".
PART II
DEBTOR REGISTRY
Title I
Criteria and methods for the formation of the Debtor Registry
Article II.I.1 – Frequency of formation and publication of the Debtor Registry
In Article II.I.1, the following paragraph 2 is added:
2. The already published debtor registry may be subject to monthly rectification starting from 31 March of the year of publication
for the causes referred to in Part II of Title II, in relation to the findings of the previous month.
Article II.I.2 – Subjective and objective requirements for registration in the Debtor Registry
1. point a) of paragraph 2 of Article II.I.2 is replaced as follows:
a) are subject to installment or PAYMENT PROMISE that do not have any due and unpaid installments as of 31 December of the year preceding that of publication;
2. Point b) of paragraph 2 of Article II.I.2 is completely deleted.

Central Bank of the Republic of San Marino
Regulation No.2023-05 Update of Regulation 2019-02 on procedures for feeding and maintaining the Debtor Registry
3. In paragraph 5 of Article II.I.2, after the phrase "Debts relating to deceased subjects and to companies or entities struck off are not subject to publication",
the following phrase is added "as shown in the databases used by the TAX COLLECTION DEPARTMENT."
Article II.I.3 – Methods for excluding tax notices or taxes subject to judicial review
1. Paragraph 2 of Article II.I.3 is completely deleted.
2. As a result of the deletion of paragraph 2 of Article II.I.3, paragraph 3 is redefined as paragraph
2, and the phrase "Subject to what is provided for in the preceding paragraphs" is replaced by "Subject to what is provided for in the preceding paragraph".
Article II.I.4 – Information composing the Debtor Registry
1. Article II.I.4 is replaced as follows:
1. THE DEBTOR REGISTRY contains the following information regarding the DEBTOR and their tax debt:
a) name, surname or company name and identification code (ISS Code and/or Economic Operator Code) of the DEBTOR; b) amount of the TAX DEBT; c) evidence of the existence of ongoing insolvency proceedings; d) in the case of legal persons, evidence of ongoing voluntary or official liquidation procedures; e) upon request of the DEBTOR, mention of the full payment of the tax debt or the regularization of existing repayment plans, made after 15 January and within 15 February of the year of publication; f) upon request of the DEBTOR, mention of the formalization of an INSTALLMENT or PAYMENT PROMISE for the entire TAX DEBT made from 1 January to 15 February of the year of publication.
2. The aforementioned information, referred to in letters a), b), c) and d) of the previous paragraph 1, are derived from those contained in the collection roll issued by the Tax Authority, integrated with information acquired by the TAX COLLECTION DEPARTMENT during the collection process, also through telematic integration with the databases of the Public Administration.
3. Subject to what is provided for in the subsequent Title II, as well as in the subsequent Part III, the following will not be taken into consideration for the determination of the TAX DEBT to be entered in the DEBTOR REGISTRY:
a) payments made after 15 January of the year of publication; b) discharge orders for payment from the Tax Authorities received after 15 January of the year of publication; c) INSTALLMENTS and PAYMENT PROMISES formalized after 31 December of the year preceding that of publication, subject to what is indicated in the previous Article II.I.4, paragraph 1, letters e) and f); d) communications of pending appeals received after 31 December of the year preceding that of publication.

Central Bank of the Republic of San Marino
Regulation No.2023-05 Update of Regulation 2019-02 on procedures for feeding and maintaining the Debtor Registry Title II Corrections of information in the Debtor Registry
Article II.II.1 – Cancellation for full payment of amounts entered in the roll or by virtue of discharge
1. In paragraph 1 of Article II.II.1, the word "only" before the phrase "after full payment" is deleted.
2. Paragraph 3 of Article II.II.1 is replaced as follows:
3. The DEBTOR may request the deletion of their name from the already published DEBTOR REGISTRY,
when, following discharges ordered by the Authority due to error in the entry in the roll, the updated amount of the TAX DEBT is less than the amount of 50,000.00 euros. If even after the execution of the discharge the amount of the TAX DEBT remains higher than 50,000.00 euros, the DEBTOR still has the right to request the update of the amount of the TAX DEBT published.
3. Paragraph 4 is added to Article II.II.1, in which the following phrase is inserted:
4. In cases where the discharge originates from the payment at the Tax Authority of the amounts composing the tax
debt, what is provided for in the previous paragraphs 1 and 2 shall apply.
Article II.II.2 – Cancellation for the signing of an installment plan or payment promise
1. The title of Article II.II.2 is modified as follows:
Article II.II.2 – Cancellation for the signing of an installment plan or payment
promise
2. Article II.II.2 is replaced as follows:
1. The DEBTOR may request the TAX COLLECTION DEPARTMENT to delete their name
from the already published DEBTOR REGISTRY, if they sign for the entire tax debt an INSTALLMENT or a PAYMENT PROMISE and no due and unpaid installments are shown.
Article II.II.3 – Correction and/or cancellation of material errors
1. In paragraph 2 of Article II.II.3, after the word "prior", the word "authorization" is replaced by the
word "request".
Article III.I.3 - Transitional provisions
1. Article III.I.3 is completely repealed.