Market Value Conformity Approval of Invoices

Article 38 — The approval of the conformity of invoices with market value shall be carried out by taking into account the average of the prices to be obtained, with documentation, from at least three businesses engaged in the goods or services subject to the invoice, or those of the prices obtained that are closest to one another. If there is not this number of businesses, action shall be taken on the basis of the opinion of the relevant professional committee or, where necessary, the report of an expert panel to be appointed by decision of the board of directors from among the lists of experts approved by the assembly. However, invoices relating to special manufacturing must be approved according to the report to be prepared by the expert panel to be appointed. The approval procedure shall be carried out on the original invoices.

If the invoice whose conformity with market value is requested has been issued for a job requiring special manufacturing, it is mandatory to attach to the invoice a sample of the work performed or, where this is not possible, explanations, pictures and similar documents showing the technical specifications of the work performed.

Proforma invoices and invoices issued to determine the unit price shall not be approved, since a sales contract has not legally been concluded. However, it is possible to approve invoices issued to determine the unit price if the entirety of the work is specified in them. In addition, invoices issued solely for assembly, labour or transportation costs, and invoices issued including the material price, labour, transportation and assembly costs, shall not be approved, since they do not allow the application of price determination procedures.

The certification of invoices shall be carried out by the chamber, or its branch, of the place where the seller making the sale and issuing the invoice is located. Certifications of invoices relating to project-based special manufacturing shall be carried out, in accordance with the procedures and principles set out in this article, by the chamber of industry or the chamber of commerce and industry of the place where the seller making the sale and issuing the invoice is located or, if these chambers are unable to do so and this is documented, by the nearest chamber of industry or chamber of commerce and industry.

Approval of copies of invoices

Article 39 — Copies of invoices shall be approved by affixing the phrase "true copy of the original" after they have been compared with the originals and found to be in conformity.

Copies of invoices issued in a foreign language for export shall be approved by affixing a statement that the company issuing the invoice is a member of the chamber.