A foreign national may easily set up a company in Italy to use as a vehicle to do business in Italy. The legal steps involved in establishing a legal entity are similar for most types of companies and require drafting of Company Articles and Memorandum of Association, pre-payment of share capital, submission of deed of […]
The amount of damages reimbursable in case of a contractual dispute takes into account the loss suffered by the creditor and the lost profits, insofar as they are a direct and immediate consequence of the non-performance or delay. If damages cannot be proved in their exact amount, they are equitably liquidated by the court. Through […]
Based on the peculiarity of the Italian laws and judicial system, anyone doing business in Italy should secure transactions through properly drafted contractual instruments. Our experience has taught us that a good contract is a well-balanced contract which (a) complies with the applicable laws and regulations, and therefore is fully valid and enforceable; (b) clearly […]
An individual, who is not an Italian citizen, but who is a holder of a resident permit in Italy, usually receives: • All the civil and social rights attributed to Italiancitizens; • The right to seek judicial remedy in case of breachesto his/her civil and social rights. As per the Italian Immigration Law (Testo Unico […]
February 1st, 2018 – 09.15 – 13.30 CHAMBER OF COMMERCE OF ROMAGNA – headquarters of Forlì Corso della Repubblica n. 5, Forlì On February 1st, 2018, Bacciardi and Partners, jointly with the Chamber of Commerce of Romagna, will hold a specialized training seminar on the matter of foreign withholding taxes applicable on the fees deriving […]
Submitting an extremely thick and lengthy set of documents, and expecting Italian counterparts to hold negotiation in great detail on each and every provision of the set of documentation, is unlikely to work well. This is particularly true if you are unavailable to adopt and use a neutral language for the negotiation and drafting of […]
Relaxing the tempo is a good technique, adjourning meetings in such a way to allow the parties to further review the applicable rules and/or reflect on alternative solutions. They can then come back to the negotiation table with a proactive and constructive approach, in order to overcome the obstacle and reach a mutually acceptable and […]
Foreign direct investment has increased exponentially during the last few decades as the desire for global trade and international influence increases among corporations, and trade barriers fall away. Once the […]
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It is easy to complete a real estate transaction in Italy for both non-citizens and non-residents. The real estate transaction is usually assisted by both an attorney and a notary. The attorney is responsible for structuring the transaction from a legal and contractual point of view, while the notary must handle all the formalities connected […]
I agree that cross-border M&A transactions are usually more complex and sophisticated when compared to the domestic ones. This is primarily due to the fact that there is a need to bridge the cultural differences of the involved parties as well as the practical approaches adopted by the same. I would advocate doing your homework […]
As a general rule, no special formalities are to be completed in order for commercial contracts to be legally binding. There are however some exceptions. For example, a lease contract for real estate having a duration longer than nine years must be made in writing, signed before a public notary and registered with the land […]
The European Union’s new General Data Protection Regulation (GDPR) will go into force on 25th May 2018 after six years of preparation. The GDPR replaces the Data Protection Directive 95/46/ […]
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