Giovanni Gigliotti

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16 May: I trust del Jersey

I trust del Jersey E’ stata pubblicata da Dike Editrice la guida pratica ‘I trust del Jersey’ scritta da Giovanni Gigliotti.   Il Jersey è stato il primo Paese di Common Law a dotarsi, nel 1984, di una legge organica sul trust che lascia ampio spazio alla discrezionalità del settlor e a quella delle persone che operano nell’alveo del trust.   In questo contesto la guida propone un approccio pratico alla legislazione di rilievo, più volte novellata nel corso degli anni ed oggi proposta in versione ufficiale consolidata, che possa fungere da breviario per operatori e curiosi della materia.  …

Contenzioso

28 Jan: «Voltura catastale» carried out by the heir implies tacit acceptance of the succession

«Voltura catastale» carried out by the heir implies tacit acceptance of the succession ABSTRACT: The Italian Supreme Court (the Corte di Cassazione) affirmed that  the «voltura catastale» carried out by the person called to the inheritance constitutes an act of tacit acceptance of the succession.   Tacit acceptance of the succession in the Italian legal system   In the Italian legal system, the person called to the inheritance (hereinafter also referred to as the “heir”) formally becomes heir when accepts the succession. When it is accepted, the succession becomes effective from the moment of the death of the deceased (the…

Contenzioso

17 Dec: DRnews – Dispute Resolution Blog

DRnews, our DisputeResolution Blog is online!   The blog was created due to Pavia e Ansaldo’s particular attention to the assistance in litigation to companies and individuals in disputes arising, sometimes inevitably, from economic and social activities.   Our Firm’s litigators are encouraged to meet and exchange ideas regularly and are trained to work in synergy with each other and with their colleagues of all departments to provide clients with a dedicated and careful assistance. The blog was initiated based on this interaction and represents the different litigation skills of the Firm:   Michele Adduci – banking and finance, safety…

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10 Dec: Where do you pay? A recent Italian Court of Cassation decision on taxation*

Where do you pay? A recent Italian Court of Cassation decision on taxation* IBA Corporate Counsel Forum   Friday 10 December 2021   Maurizio Vasciminni Pavia e Ansaldo Studio Legale, Rome maurizio.vasciminni@pavia-ansaldo.it Silvia Bisceglia Pavia e Ansaldo Studio Legale, Rome Silvia.bisceglia@pavia-ansaldo.it Giovanni Gigliotti Pavia e Ansaldo Studio Legale, Rome giovanni.gigliotti@pavia-ansaldo.it   According to a recent judgment of the Italian Court of Cassation,[1] a company resident abroad for tax purposes is subject to the Italian tax regime if the main decisions relating to its general management and business affairs are adopted in Italy. Companies’ residence for tax purposes in the Italian legal…

Contenzioso

18 Aug: Breach of the shareholders’ agreement: which jurisdiction applies when a company is based abroad?

Breach of the shareholders’ agreement: which jurisdiction applies when a company is based abroad? IBA Corporate Counsel Forum   Wednesday 18 August 2021   Maurizio Vasciminni Pavia e Ansaldo Studio Legale, Rome maurizio.vasciminni@pavia-ansaldo.it Silvia Bisceglia Pavia e Ansaldo Studio Legale, Rome Silvia.bisceglia@pavia-ansaldo.it Giovanni Gigliotti Pavia e Ansaldo Studio Legale, Rome giovanni.gigliotti@pavia-ansaldo.it   According to a recent judgment of the Italian Corte di Cassazione,[1] a dispute arising from a breach of the shareholders’ agreement by an Italian shareholder is subject to Italian jurisdiction even when the registered office of the company is located abroad under the rule of the defendant’s domicile. Shareholders’ agreements…

Contenzioso

04 Aug: 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…

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26 Apr: 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…

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22 Jun: 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…

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31 Mar: Airport fees: Pavia e Ansaldo wins with Shell versus Alitalia and Volare

Airport fees: Pavia e Ansaldo wins with Shell versus Alitalia and Volare Rome, 31 March, 2020 – Pavia e Ansaldo successfully assisted the oil company Shell in a lawsuit with specific antitrust profiles, started by airlines Alitalia and Volare in front of the Court of Milan in relation to airport fees paid for the supply of aviation fuel in airport areas. The Court of Milan rejected in whole the requests of Volare and – in the lawsuit initiated by Alitalia, significantly reducing the summoning party’s claims – totally granted Shell’s defensive line, thus condemning the airport managers interested in the…