Categoria: News

THE BUSINESS CRISIS AND INSOLVENCY CODE FINALLY ENTERED INTO FORCE.   As you are probably aware, the Business Crisis and Insolvency Code, codified in Legislative Decree 14/2019, finally entered into force on 15th July. Its entry into force, with the exception of a few provisions, has been postponed several times and the text has been…

THE IDENTIFICATION OF SUITABLE AREAS FOR THE INSTALLATION OF ONSHORE AND OFFSHORE RENEWABLE PLANTS: WHAT CHALLENGES WILL WE HAVE TO FACE?   With the aim of facilitating the integration and diffusion of renewable energy plants, Legislative Decree No. 199/2021 overturned the territorial planning perspective for hosting renewable energy plants.   Contrary to the Guidelines adopted…

NEGOTIATED SETTLEMENT: IF THE EXPERT HAS ACCEPTED THE ASSIGNMENT AND INITIALLY CONSIDERED THE PROSPECTS FOR RECOVERY TO BE CONCRETE, CAN THE ENTREPRENEUR CONDUCT DIRECT AND EXCLUSIVE NEGOTIATIONS WITH CREDITORS?   The Court of Milan recently rejected a request for the extension of the protective measures previously confirmed in favour of a company within a negotiated…

23 June 2022 is the sixth anniversary of the vote that endorsed the United Kingdom’s exit from the European Union.   Identifying and determining the exact consequences of the British people’s decision is still very complicated even though, as will be seen below, there are already strong indications that the much-promised economic strengthening by the…

“NEGATIVA SUNT PROBANDA!” – ST. PETER’S DOME HASN’T COLLAPSED AND THE TIBER ISN’T DRY!   With its Order No. 35146/2021, the Court of Cassation finally dictated the principle of law according to which “the circumstance that a chapter of evidence by witnesses is formulated in the form of a negative question does not constitute, per…

NEGOTIATED SETTLEMENT: IN THE CONTEXT OF PROTECTIVE AND PRECAUTIONARY MEASURES, IS IT POSSIBLE TO REQUEST THAT A JUDICIAL MORTGAGE REGISTERED WITHIN THE PREVIOUS 90 DAYS BE DECLARED INEFFECTIVE?     The Court of Bergamo recently confirmed the protective measures requested by a company within the framework of a negotiated crisis settlement procedure, limiting, however, their…

SWAPS: “CONFUSION BETWEEN THE OBJECT OR CONTENT OF THE CONTRACT, AND THE INFORMATION THE INTERMEDIARY IS REQUIRED TO PROVIDE, PRIOR TO THE CONCLUSION OF THE SWAP”.   The Court of Turin disapply and redraw the principles set out by the Joint Divisions on the subject of derivatives.   With ruling no. 673/2022, the Court of…

EXTENSION OF THE RESTRUCTURING AGREEMENT TO A NON-ADHERENT SECURITISATION COMPANY: WHAT ARE THE REQUIREMENTS?   The Court of Bergamo recently approved a debt restructuring agreement between the plaintiff company and the majority of its creditors, providing for the extension of its effects pursuant to Article 182-septies of the Bankruptcy Law to a non-adhering creditor, which,…

MAC AND MAE CLAUSES.   “Material adverse change” (MAC) and “material adverse effect” (MAE) clauses are increasingly being used in commercial and corporate law contracts, in particular in international M&A transactions.   The need to adopt the precautions associated with the MAC and MAE clauses arose from the terrorist attacks of 11 September 2001 and…

GOLDEN POWER: THE RUSSIA-UKRAINE CONFLICT ENHANCES THE GOVERNMENT’S SPECIAL POWERS.   With Law Decree no. 21 of March 21st, 2022 (the so-called Ukraine bis Decree), the Italian Government, introduced several amendments to the “Golden Power” discipline as part of the set of measures adopted in order to deal with the Ukrainian crisis. Such discipline, which…