To obtain a duplicate of a registered share that has been lost, stolen or destroyed, the stockholder must request the cancellation of the lost, stolen or destroyed securities, in compliance with the provisions of Articles 2016, 2019 and 2027 of the Italian Civil Code.
To initiate the procedure, the registered owner or transferee of the security, after reporting the theft or loss to the Police Authorities, must notify the Company accordingly and file a petition with the Chief Judge of the competent court.
The petition must state the essential data about the security (issuing company, registered office, capital stock, list of certificates with number of shares, type of shares and first available coupon), as well as the personal data of the petitioner and the circumstances of the loss, theft or destruction of the securities.
The Chief Judge of the Court, after having made the appropriate findings and, if necessary, having heard the Company as well, will pronounce a decree of cancellation, authorizing Fiat to issue a duplicate of the security 30 days after the date of publication of the decree in the Official Gazette of the Italian Republic, provided that no objection is filed in the meantime by a holder of the security, if any.
Once the decree of cancellation has been obtained, the stockholder will be responsible for publishing it in the Official Gazette of the Italian Republic and requesting the Court to serve it on Fiat.
After 30 days have elapsed since the date of publication, the Court, when so requested by the petitioner, will issue a certificate that no objection has been made, which must be presented to the Company in order for it to issue the duplicate of the registered securities.
No provision is made in the Civil Code for the cancellation of bearer certificates. However, anyone who notifies the issuing company of the loss or theft of a bearer security may request that company, after petitioning the judicial authorities, to pay the dividends and any amounts related to other transactions that have taken place, once the applicable deadlines have expired.