A similar request can be made by anyone who demonstrates that they have been protested illegitimately or erroneously, as well as by the authorized public officials themselves, when the raising of the protest was illegitimate or erroneous, or following rehabilitation granted by the court.
Once the existence of the required requisites has been verified, the cancellation is ordered within 20 days from the date of presentation of the application and carried out within five days from the issue of the provision.
If the request is rejected, the interested party can appeal to the justice of the peace of the place in which he resides.
The debtor who makes the payment of a bill of exchange or promissory note beyond the term of one year from the making of the protest, can request, with a request similar to the one above, the annotation in the Protest Register.
Cancellation following the payment within 12 months of raising the protest
Protest publication relating to promissory notes or accepted drafts (not cheques) may be canceled if the security is paid within 12 months of the protest date.
The application, to be filled in using the appropriate form, must be accompanied by:
- a photocopy of the applicant's valid identity or identification document;
- from the original titles, accompanied by a deed of protest and receipted.
The receipt must be affixed directly to the back of the bill or the deed of protest by the same lever officer (notary or municipal secretary), by the bank or by the last
beneficiary/endorsement who has requested the protest of the expiring bill and who is
possession of the contested title. It consists of affixing the wording 'paid' and indicating the date of payment and the signature of the person receiving the payment. If the creditor is a legal person, the stamp of the company, company or association will also be affixed to the receipt.
The receipt can also be drawn up in a separate deed, in compliance with the rules on stamp duty. It must contain all the elements useful for identifying the title (debtor's personal details and tax code, amount, date of protest, repertoire number, levy officer) and all the information needed to certify that payment has been made within 1 year of the raising of the debt protest (payment date, declaration that the security has been fully paid, including protest costs and interest equal to ..... and that there is nothing more to claim - facsimile). The receipt must be accompanied by a copy of an identification document of the person issuing the receipt and a €2,00 revenue stamp (only for tickets worth more than €77,47).
The payment made by setting up a bonded bearer deposit pursuant to art. 9 of Presidential Decree 290/1975 is the only method that allows the cancellation of the protest after payment has been made, even in the absence of exhibition of the original title.
Cancellation of the protest raised illegitimately or erroneously
Anyone who demonstrates, with the presentation of suitable documentation, that the protest is erroneous or illegitimate can request the cancellation of the publication of the protest relating to bills or checks.
The Chamber has decision-making powers limited to the sole hypotheses of erroneous or formal illegitimacy of the raising of the protest. Therefore, these must be clerical errors that can be identified immediately. Any problems that give rise to the protest will be raised in court.
The application, to be filled in using the form available under forms, must be accompanied by:
- a photocopy of the applicant's valid identity or identification document;
- from the documentation proving the illegitimacy or erroneousness of raising the protest.
Notification of payment
The debtor may request the annotation of the payment made after one year from the raising of the protest.
The application, to be filled in using the appropriate form, must be accompanied by:
For the Cheques, for which it is not possible to proceed with the cancellation after payment has been made, the annotation request can be submitted at any time.
Cancellation following rehabilitation
The debtor who, 12 months after the last protest, has fulfilled the obligations (payment) for which the protests have been lifted has the right to obtain rehabilitation and has not been subject to further protest. Rehabilitation is granted by decree of the President of the Court, at the request of the interested party accompanied by supporting documents. The territorially competent Court is the Court of the place where the protested subject resides (registered residence for natural persons and the registered office for joint-stock companies).
The Decree issued by the President of the Court rehabilitates the "physical/legal person" and therefore it must contain all the protested titles in reference to the name. Rehabilitation refers, in fact, only to the debtor and not to the securities, therefore it is not possible to rehabilitate only some protests relating to the same debtor.
The rehabilitated debtor has the right to obtain the definitive cancellation of the data relating to the protest from the IT Register by submitting a specific application accompanied by:
- valid identity document
- certified copy of the rehabilitation decree issued by the Court of the place of residence of the protested subject, or certificate of conformity.
The compliance of the decree can also be certified by lawyers, on the basis of the legislation in force on the telematic process, pursuant to the respective articles and paragraphs of Legislative Decree no. 179/2012 (the declaration of conformity must report exactly, depending on the case, the details of the law). The following two cases have to be distinguished:
1) analogue copy (paper) extracted from the electronic file - the certification of conformity must be affixed at the bottom of the analogue document, signed by the lawyer (attach the identity copy of the signatory);
2) computer copy extracted from the electronic file - the file containing the copy of the decree with the declaration of conformity at the bottom, must be digitally signed by the lawyer.
Cost
Administrative fees : 8 € for each protest whose cancellation or payment annotation is requested
Payment can be made in one of the following ways:
- using SIPA - Computerized payment system of the PA:
a) select the "Protests" item from the "Service" drop-down menu; b) enter the name of the subject for whom the payment is made in the "Reason" field, as well as a specification relating to the object of the payment; c) enter the amount of the administrative fees (8 euros for each note to cancel) and the personal data of the payer - at the counters of the Chamber of Commerce with debit or credit card, too
Prepaid - through the PagoPa procedure. In this case, before submitting the application, it is necessary to request the payment notice by filling in the appropriate form on the Chamber of Commerce website
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