Risposta:
The transfer of rights (subingresso) is regulated by Article 28 of Regional Regulation 9/2015.
An application must be submitted to the Basin Authority.
The replacement of the concessionaire constitutes a substantial modification of the concession and requires a public procedure, at the end of which a new concession title is issued.
The replacement of the concessionaire does NOT constitute a substantial modification of the concession only in the following cases:
- When the concessionaire is succeeded, in whole or in part, following alienations, transfer of real or personal rights of enjoyment, corporate restructuring, including acquisitions, mergers, takeovers, or insolvency, by another party who meets the initial qualitative selection criteria, provided that this does not involve any other substantial modifications to the concession. In this case, the application must be accompanied by a copy of the deed based on which the transfer is requested.
- In the case of succession by inheritance due to death. The heir, under penalty of forfeiture, must request confirmation of the concession from the Basin Authority within six months of the concessionaire’s death. The Authority will decide, with a reasoned decision, whether to continue the concession based on the fiduciary checks as well as those regarding the heir's technical and financial capacity. If the heir does not meet these requirements, the Authority will revoke the concession.
The transfer of rights in the concession is nonetheless completed with the issuance of the corresponding authorization.
Allegati: