Assistance with anti-Mafia checks for contracts, authorisations, grants and relations with public authorities
Anti-Mafia documentation is required in relations between businesses, entities and public authorities to verify the absence of disqualifying grounds or indicators of a risk of Mafia infiltration. It is relevant to public contracts, concessions, authorisations, grants, public funding, registrations, awards and other relationships governed by the Italian Anti-Mafia Code.
Legislative Decree 159/2011 distinguishes between anti-Mafia communication and anti-Mafia information. Article 84 provides that anti-Mafia documentation consists of both: anti-Mafia communication certifies whether the disqualification, suspension or prohibition grounds under Article 67 exist; anti-Mafia information also concerns the possible existence of attempts at Mafia infiltration.
Article 83 of Legislative Decree 159/2011 identifies the public bodies and entities required to obtain anti-Mafia documentation before entering into, approving or authorising contracts and subcontracts for public works, services and supplies, or before issuing or allowing the measures referred to in Article 67. The National Single Anti-Mafia Documentation Database is the digital system used to issue anti-Mafia communications and information.
Avv. Vecce assists businesses, companies, economic operators and persons involved in relations with public authorities in reviewing anti-Mafia documentation, organising corporate data, managing requests from public bodies and liaising with Prefectures and contracting authorities.
Activities covered
Why it matters
Preventing procedural delays
Incomplete data, outdated corporate structures or uncoordinated checks may delay contracts, authorisations and payments.
Managing relations with public authorities
Contracting authorities, granting authorities and Prefectures require accurate responses and proper documentation.
Organising the company’s position
Anti-Mafia documentation requires consistency between company records, corporate offices, shareholdings, technical management, corporate structures and the persons subject to verification.
Identifying issues before the outcome
A preliminary review may help identify sensitive profiles before they result in delays, suspensions or adverse measures.
FAQ
What is anti-Mafia documentation?
It is the set of documents used to verify whether an economic operator may enter into or maintain certain relationships with public authorities. Article 84 of Legislative Decree 159/2011 provides that it consists of anti-Mafia communication and anti-Mafia information.
What is the difference between anti-Mafia communication and anti-Mafia information?
Anti-Mafia communication certifies whether the disqualification, suspension or prohibition grounds under Article 67 of the Anti-Mafia Code exist. Anti-Mafia information has a broader scope, as it also concerns the possible existence of attempts at Mafia infiltration.
When is anti-Mafia documentation required?
It must be obtained by the entities identified in Article 83 of Legislative Decree 159/2011 before entering into, approving or authorising contracts and subcontracts for public works, services and supplies, or before issuing or allowing certain administrative measures.
Who obtains anti-Mafia documentation?
As a rule, the company does not issue or produce anti-Mafia documentation directly. It is obtained by public administrations, public bodies, contracting authorities and other authorised entities through the National Single Anti-Mafia Documentation Database. The database is used for the issuance of anti-Mafia communications and information.
Which persons within the company are checked?
This depends on the company’s legal form and corporate structure. In general, checks may concern directors, shareholders, technical directors, members of corporate bodies, persons with powers of representation or control and other persons identified by the Anti-Mafia Code.
What happens if the company’s corporate data are not up to date?
Incomplete or inconsistent data may lead to requests for additional information, delays, further checks or procedural issues. For this reason, it is useful to review company records, offices, corporate structure and relevant persons in advance.
Does negative anti-Mafia documentation amount to an interdiction measure?
A distinction must be made. A clearance outcome allows the relationship to continue; an adverse outcome or a critical issue may open different scenarios, up to an anti-Mafia interdiction measure. The page on anti-Mafia interdiction measures deals specifically with that situation.
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