Categoria: Corporate
-
LEASE OF BUSINESS: IS EVICTION FOR DEFAULT OF PAYMENT ENFORCEABLE?
By an order dated December 20, 2023, the Court of Naples asked the Court of Cassation to determine whether an eviction order can be issued against a business lessee for default in the payment of rent, pursuant to Article 658 of the Code of Civil Procedure (c.p.c.). More specifically, the Court of Naples noted that,…
-
U.K. TAX LIABILITY ON DIVIDENDS, DISPOSALS AND INHERITANCE OF SHARES.
As the new UK tax year (the UK tax year is a period of 12 months running from 6 April to 5 April) has begun, the UK government has made some changes to the tax law framework. The purpose of this contribution is to illustrate the updated fiscal framework relating to the ownership and disposal…
-
LEGAL INTEREST OR SUPER-INTEREST? AN INTERESTING DECISION!
The Joint Sections of the Court of Cassation clarify the prerequisites and conditions to enforce the payment of the so-called super-interest provided for in the fourth paragraph of art. 1284 of the Italian civil code. Art. 1284 of the Italian Civil Code establishes that: 1. The statutory interest rate is set at 5% per annum.…
-
MODELS 231: LET’S SEE WHAT HAS CHANGED AT THE BEGINNING OF 2024.
The first months of 2024 can be considered crucial in the area of corporate criminal liability, as the legislator has already intervened twice by extending and amending the catalogue of ‘predicate offences’. In particular: 1. with law no. 6/2024, which came into force on 8 February 2024, concerning “Sanctioning provisions on the destruction, dispersion, deterioration,…
-
LACK OF ORGANISATIONAL MODEL PURSUANT TO LEGISLATIVE DECREE 231: THERE IS NO REVERSAL OF THE BURDEN OF PROOF, THE PROSECUTION MUST STILL PROVE THE LIABILITY OF THE ENTITY FOR THE OFFENCE.
With judgment No. 4210/2024 of 31 January 2024, the Court of Cassation, ruling in a proceeding pursuant to Legislative Decree No. 231/2001 relating to an accident at work, although declaring inadmissible the appeal filed by the Entity, reiterated yet again that the assessment of the Entity’s liability cannot disregard the proof of the existence of…
-
SPECIAL POWER OF ATTORNEY FOR CASSATION JUDGMENTS: WE’RE FINALLY GETTING DOWN TO BUSINESS!
With judgment nos. 2075 and 2077 of 19 January 2024, the United Sections of the Supreme Court of Cassation clarified that the issue of a special power of attorney for litigation in proceedings of legitimacy, when authenticated by lawyers, does not require the spatial and temporal simultaneity of the assisted party’s signature with the drafting,…
-
“THE YEAR TO COME”: THE PROPOSED CORPORATE SUSTAINABILITY DUE DILIGENCE DIRECTIVE (CSDD), A “COPERNICAN REVOLUTION” IN CORPORATE GOVERNANCE.
On 14 December 2023, the Council and the European Parliament reached a provisional agreement on the directive on companies’ due diligence obligations for sustainability of their activities. The obligations are a result of the negative impact (effective and potential) of business activities on the environment and human rights. Pending final approval, can companies start preparing?…
-
ITALIAN AND FOREIGN COMPANIES WITH A PERMANENT ESTABLISHMENT IN ITALY ARE OBLIGED TO INSURE THEMSELVES AGAINST DAMAGE CAUSED ON ITALIAN TERRITORY BY NATURAL DISASTERS AND CATASTROPHIC EVENTS.
Insurance policies must be executed by December 31, 2024, and events to be insured include earthquakes, floods, landslides, floods, and overflows. This regulation applies to companies that indicate in their balance sheet real estate (land and buildings), plant and machinery, industrial and commercial equipment on the Italian territory (assets and goods that shall be covered…
-
THE LAZIO REGIONAL ADMINISTRATIVE COURT SUSPENDED THE EFFECTIVENESS OF THE DECREE DATED SEPTEMBER 29, 2023 ISSUED BY THE MINISTRY OF ENTERPRISE AND MADE IN ITALY REGARDING “CONFIRMATION OF THE OPERATION OF THE DATA COMMUNICATION SYSTEM AND BENEFICIAL OWNERSHIP INFORMATION.”
By decree dated September 29, 2023, the Ministry of Enterprise and Made in Italy has set up the data communication system and beneficial ownership information of companies with legal entity, private legal entities, trusts producing legal effects relevant for tax purposes and legal institutions similar to trusts. The system had already been provided for by…
-
FIXED-TERM AND NON-LISTED SPAS: AD NUTUM WITHDRAWAL IS ADMISSIBLE
In Judgment No. 2629 of Jan. 29, 2024, the Supreme Court ruled for the first time on the validity of the Articles of association clause, granting shareholders the right to withdraw ad nutum from fixed-term SPAs (i.e. “limited by shares companies”), whose shares are not listed on a regulated market. The judgment, after summarizing the main cases…