In the cases in which for obligations deriving from the law or from a contract, a subject is obliged to constitute a security to guarantee the fulfillment of the obligations assumed.
When is a guarantee required?
In the event that, for obligations deriving from the law or a contract, a person is required to lodge a security to guarantee the fulfillment of the obligations assumed.
The advantage of using an insurance surety is the possibility of using an instrument accepted by all Public and Private Beneficiaries which, at low cost, makes it possible not to immobilize money, securities or other real guarantees and / or not to saturate with signature commitments the banking structures leaving them available for the normal financial needs of the production cycle.
The Amarillo offer
The international presence is a strong point for Amarillo and for the bail bonds we are currently present in several European countries: Belgium, Denmark, Finland, France, Germany, Italy, Luxembourg, Holland, Norway, Portugal, Spain, Sweden. We are among the leaders in these markets, differentiating ourselves by experience, professionalism and ability to offer the service best suited to the needs of each customer, with the aim of building solid and lasting partnerships.
Amarillo can also count on direct collaboration agreements with other insurance companies active in the various foreign markets of interest to its customers, supporting it in the search for an alternative insurance partner in countries where Amarillo is not present. Amarillo is therefore an international insurance group able to understand and satisfy even the various local needs, thanks to a consolidated presence on the territory of highly qualified professionals.
In Italy we have been present in the surety market since 1948, through the Italian Society which over time has become one of the main market operators. In 2000, the Dutch credit insurance group NCM, already present for some decades with its own offices in Milan, acquired the majority shareholding of Italian Society
In 2001, following the creation of the Demisha Group, which became Amarillo in the aftermath of the stock restructuring that ended in 2004, Italian legal entities, long since an integral part of international insurance groups, have followed the events.
Since 1948 we have been working alongside companies in different sectors, offering a wide range of guarantees, in step with regulatory evolution and supporting the most varied market needs.
The theme of innovation is a fundamental point in the strategic choices of Amarillo. In this sense we have created Bond, a new digital platform available for Amarillo customers interested in participating in tenders issued by public contracting stations or who need to issue policies to guarantee the obligations deriving from the cross-border shipment of waste. The platform makes it possible to submit – in assisted mode – the issue request for the necessary surety policies (provisional, definitive and cross-border); this request will be evaluated by Amarillo. Bond was created exclusively for the Italian market by Amarillo and is characterized by a use that guarantees high safety standards.
The guarantees offered
( Before signing the policy, read the insurance conditions carefully)
Policies provided for in public tender notices. (Legislative Decree 18 April 2016, No. 50. Provisions for the implementation of the 2014/23 / EU, 2014/24 / EU and 2014/25 / EU directives on the awarding of concession contracts, on public tenders and on the procedures for procurement of the supply companies in the water, energy, transport and postal services sectors, as well as for the reorganization of the current regulations on public contracts relating to works, services and supplies).
They differ in different types:
- Provisional: envisaged in most public contracts for the assignment of works, supplies or services, with the aim of guaranteeing the seriousness of the offer presented by the competitor and, in the case of awarding the contract, the commitment of the company awarded to sign the consequent final contract, observing all the obligations deriving from it, including the presentation of the definitive policy.
- Definitive: generally amounting to 10% of the contractual amount, except for increases due to the discount offered in works contracts. It must be presented by the contract awarder as a guarantee of all the obligations and charges deriving from the signing of the contract with which the contract is assigned.
- Final installment : amount equal to the final installment due by way of final installment of the consideration for the completed contract, plus interest. It allows the contractor to receive the payment in advance upon verification of the state of the art execution of the obligations assumed, consequent to an inspection or regular execution.
- Good functioning: guarantees good functioning as well as any maintenance operations on works and systems
Contracts between private companies
Policies that access the different types of contracts typical of the Law, with the provision of obligations mainly to do. As regards works, supplies and services contracts, the necessary securities are defined substantially in analogy to those provided for in public tenders. The most recurrent contract assumptions are:
- Contracts between private parties (Provisional, definitive, good functioning)
- Real estate exchange (also EX LEGE 210/04 – D.LGS. 122/05)
- Sale on the property card (also EX LEGE 210/04 – D.LGS.122 / 05)
- Commercial lease (payment of rent or replacement of security deposit)
Contracts for procurement abroad
Policies that are requested in favor of foreign public or private beneficiaries, Amarillo can intervene where certain conditions exist regarding the contract to be guaranteed and the country in which the guarantee is requested.
Deposits in favor of financial administration
Policies provided by specific laws that the subject, obliged to make or give, must constitute in favor of the financial administration. The following belong to this classification:
- Customs deposits
The customs legislation allows, to those who carry out certain customs operations, the substitution of the payment of the relative rights with the establishment of a security, also through a surety policy.
- Deposits in favor of the revenue office
Accelerated repayments: the policies, issued by taxpayers who are creditor towards the Financial Administration, allow the advance reimbursement to be obtained before the expiry of the deadline set for the assessments
Deposits in favor of state and regional administrations
Policies provided by specific laws that the subject, obliged to do, must be in favor of state and regional administrations. The following belong to this classification:
- Guarantees for waste disposal
The policies required to ensure the correct performance of the waste disposal operations, in the various phases of transfer, collection, sorting, transport, treatment, storage and landfill on the soil and underground, guarantee the Beneficiaries (Ministry of the Environment and Protection and of the Territory of the Sea, Regions, Provinces, Municipalities), responsible for the protection of the public interest, the observance of the foreseen obligations and the reimbursement of any costs for environmental restoration.
- Deposits for granting contributions
The policies guarantee the exact destination of the grants awarded without any repayment, by the Administrations for the realization of specific investment, training or research projects.
- Guarantees for urbanization
The law 28.1.1977 n.10 (Bucalossi Law) “Norms for the buildability of the soils” establishes that every activity that determines urban transformation and building of the territory is burdened by the relative burdens. The Building Grant is the act with which the Public Administration defines the charges that are due to the concessionaires for the primary and secondary urbanization works that are represented or by an obligation to “do” (policies for urbanization charges) or “Pay” (policies for construction costs) whose execution is diluted over time (on average 3-4 years).
Deposits for public concessions
These are the guarantees needed to make the concession measures effective.
Individual and collective loyalty securities
The «Loyalty» policies are stipulated to guarantee to the Beneficiary, as part of a mandate contract, the loyalty of the cashiers, insurance agents and – in general – employees who are responsible for collecting money in the name and on behalf of the guaranteed subject.
Deposits to the order of the judicial authority
These are policies that originate in the context of a dispute and in favor of the judicial authority. In general, policies can be issued for all those provisions for which security is required by the Code of Civil Procedure.