Categoria: News

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…

LOTS OF IDEAS, BUT NOT VERY CONCRETE OR ONGOING. IN TIME WE WILL FIND SOME SOLUTIONS…   In recent times, unfortunately, also in light of recent sad international events, there have been various interventions by the legislator in the energy field, which for the time being have resulted in determining an increase of investors’ mistrust…

Nous avons le plaisir d’annoncer la nomination de huit nouveaux Partner! Il s’agit de Giacomo Bonfante, Federico Di Cesare, Marialuigia Di Vincenzo, Andrea Gangemi, Matteo Patrignani, Mattia Peretti, Valentina Spinelli et Luca Torlaschi.   Notre Managing Partner, Claudio Visco affirme : « Il s’agit d’une étape fondamentale pour le Cabinet, qui voit un groupe de professionnels…

WHAT ARE THE SANCTIONS ON RUSSIA?   In the period between 23rd February 2022 and 1st March 2022 the European Union adopted a package of restrictive measures in connection with the attack to the territorial integrity, sovereignty and independence of Ukraine. These measures were implemented mainly through the amendment of Regulation (EC) No. 269/2014 (concerning…

OECD TRANSFER PRICING GUIDELINES: UPDATE PUBLISHED   The OECD has published the new version of the “Transfer Pricing Guidelines for Multinational Enterprises and Tax Administrations”. The document consolidates the reports issued by the OECD since 2018, including them and for coherence, adapting the pre-existing parts.   On 20 January 2022, the OECD published the new…