Contenzioso

04 Aug 21: Not a ‘family’ business: enterprise or professional debts cannot be paid by the patrimonial fund constituted for the needs of the family

Not a ‘family’ business: enterprise or professional debts cannot be paid by the patrimonial fund constituted for the needs of the family IBA Litigation Committee    Wednesday 4 August 2021   Maurizio Vasciminni Giada Russo Giovanni Gigliotti   The matter of asset protection is growing in importance, especially for massive assets, since the Italian 2017 Budget Law introduced the so-called ‘flat tax’. The flat tax regime allows non-Italian resident high net worth individuals to transfer their tax residence to Italy to elect for a flat substitutive tax. The transfer of residence required for the application of the flat-tax regime has…

Dip_Mergers

26 Apr 21: The applicability of the Italian Business Judgement Rule to directors’ organisational choices

The applicability of the Italian Business Judgement Rule to directors’ organisational choices IBA Corporate and M&A Law Committee    26 April 2021   Maurizio Vasciminni Giada Russo Giovanni Gigliotti   The ‘adequacy of the organisational structure’ duty under the Italian Civil Code According to Article 2086 of the Italian Civil Code, the enterpriser operating as a company (or as a group) must set up an organisational, administrative and accounting structure adequate to the nature and size of the enterprise. Such adequate organisational structure must also be set up in order to detect – in a timely fashion – a crisis at…

Dip_Mergers

22 Jun 20: Pavia e Ansaldo with Omnia Hotels for the opening of two new 4-stars hotels in Rome

Pavia e Ansaldo with Omnia Hotels for the opening of two new 4-stars hotels in Rome Milan, 22 June 2020 – The law firm Pavia e Ansaldo assisted the Group OMNIA HOTELS in four different transactions, one connected to the other, for the acquisition of corporate shares, sale and purchase of real estate and long-term commercial lease, resulting in the purchase or the acquisition of use of four hotel facilities in Rome (in the area of Piazza dell’Indipendenza). The buildings – after refurbishment, reconversion and redevelopment – will be joined one to the other leading to the opening of two new 4-stars…

Contenzioso

14 May 19: May the parties derogate both general and special jurisdiction in Italy?

May the parties derogate both general and special jurisdiction in Italy? IBA Litigation Committee newsletter   13 May 2019   Maurizio Vasciminni Pavia Ansaldo, Rome maurizio.vasciminni@pavia-ansaldo.it   Giovanni Gigliotti Pavia Ansaldo, Rome giovanni.gigliotti@pavia-ansaldo.it   Giada Russo Pavia Ansaldo, Rome giada.russo@pavia-ansaldo.it   Any lawyer dealing with international contracts knows that reaching an agreement on the jurisdiction clause may be quite a difficult task, because each party generally feels more comfortable knowing that disputes arising out of the contract will be referred to a court system it is familiar with. Any such lawyer also knows that the bargaining strength of the parties…