San Marino has simplified procedures and clear timing for obtaining a license. To start their activity, both partnerships and companies with share capital must first obtain the necessary licence from the competent public offices. The on-line issuance is immediate.
Self-certifications and statements replacing public documents to demonstrate the fulfilment of the requirements necessary for a license are checked by the competent offices within 180 days of issuance thereof. If the licensed activity covers areas that present risks to public health and security, checks are carried out within 30 days of the issuance of the license (for example, health care services and weapons).
Requirements for obtaining a license
For individual activities and partnerships, residence in San Marino.
For companies with share capital, registration in San Marino register of companies.
Moreover:
• having a place of business in San Marino compliant with building regulations
and suitable for the activity to be carried out, within 60 days from the start a
business;
• having obtained the authorisations requested by special laws referring to
the type of activity to be undertaken (for example, authorisation for industrial
discharge, production and storage of food and drinks, etc.);
• having obtained certificates, education qualifications or having participated
in training courses for the performance of activities that require specific
training.
The purpose of the license will be indicated exclusively using ATECO codes. Activities requiring the Government’s prior authorisation Pursuant to Delegated Decree no. 68 of 22 June 2018, the Government’s prior authorisation is required only for the following activities:
- economic activities falling within the scope of the Agreement between the
Republic of San Marino and the Italian Republic on the Mutual Regulation
of International Carriage, done in San Marino on 7 May 1997 and ratified
by Decree no. 73 of 21 July 1997 and subsequent amendments; - printing and production activities in the philatelic and numismatic sector;
- construction activities in the road sector, concerning the construction of the
underlying networks relating to basic urban infrastructure; - all economic activities in the sectors of energy, water, gas,
telecommunications, telephone traffic and telephone cards; - economic activities of disposal and treatment in the waste and ferrous
waste sectors; - economic activities in the private security sector, including through the use
of technology, and private investigation; - wholesale trade in precious metals, excluding wholesale trade in watches;
- activities in sectors where special laws provide for authorisation (e.g. health and weapons-related sectors).
In addition to those listed above, foreign companies wishing to temporarily operate in San Marino for more than 180 days need the Government’s prior authorisation if their activities concern the following sectors:
- economic activities of construction in the building sector;
- economic activities of installation and implementation in the sectors of
flooring, wall coverings, plasterboard walls, room finishes; - economic activities of installation and repair in the sectors of heating, air-conditioning, water and sanitation, water and gas distribution and use of
electricity; - economic activities of purchase, management and sale in the real estate
sector; - economic activities of rental with and/or without driver and marketing in the
sector of vehicles, boats and aircraft; - economic activities of commission agents;
- all economic activities of service for the personal hygiene and aesthetics;
- economic service activities, of a non-financial nature, for debt collection;
- economic activities connected with the provision of education and training
courses designed to achieve legally recognised qualifications or preparatory
to their achievement.
Permanent Establishment
In accordance with Art. 13 of the Law on licenses no. 40/2014, non-resident foreign companies and/or natural persons wishing to carry out an economic activity in the Republic of San Marino for a period exceeding 180 days are assimilated to San Marino economic operators, by means of a permanent establishment. To this end, it is necessary to obtain an authorisation valid for one year, renewable upon payment of the corresponding fee.
Foreign applicants are required to appoint an agent in the Republic of San Marino, who shall have the same rights and duties as a sole director and with an address for service at the office of a professional. In addition, the same law provisions applicable to San Marino economic operators shall apply. In case of activities not exceeding 180 days, fixed-term licenses are required.
