Risultati ricerca

TUTELA DEL PATRIMONIO - Pronte le regole OCSE contro l’occultamento di patrimoni all’estero tramite trust e altri schemi

INTERNATIONAL - AUSTRALIA: Consequences of using foreign trusts for capital gains

INTERNATIONAL - UK: Legislation this summer on register of foreign property-owners

INTERNATIONAL - UK: Alarm over extension of property taxes to non-residents

INTERNATIONAL - JERSEY: Apple says relocation of Irish subsidiary does not reduce its tax liabilities

INTERNATIONAL - UK: Doubts cast on non-dom reforms' commencement date

Notaries and real estates

Notaries and real estates

Notaries and business

For many years now, in Italy and throughout the world,  the associative phenomenon has encountered ever greater consideration, in addition to a growing enthusiasm. The explanation of this progressive attention may be found in the ever more widespread awareness that the ideas, dreams and projects that each individual nourishes in the course of his/her existence may be concretely expressed, not only through acting in isolation, also by following a path which leads a number of persons to join f

Notaries have as their essential mission to confer authenticity on the legal instruments and contracts they establish for their clients in various areas of law

The new law that is discussed below, and in particular the duty to take out a surety bond, applies to all types of real estate negotiations and hence it applies to purchases, exchanges, divisions, allotments by cooperative companies …, also and in particular to all forms of agreement that are made before the purchase and actual delivery of the property, such as preliminary agreements, promises to sell, leasing contracts, unilateral promises, advance payments, …. (article 1, paragraph 1, lett

After long years of waiting, the decree-law that introduces greater protection for the purchasers of houses that are in the process of being built has finally been published in the Official Gazette (6 July 2005, n° 155).  The measures introduced under this new law will have a major impact: indeed, according to estimates made by trade associations, since 1995 more than 200,000 Italian families have been involved in thousands of bankruptcies of construction firms. Decree Law n° 122 of 20 Ju

If the parties wish to set up an general partnership, they must respect the specific rules laid down in this regard by the Civil Code, bearing in mind, in any case that, for many aspects, the law refers the reader to the provisions regulating informal partnerships, which consequently apply equally to general partnerships. So that, in the light the foregoing, the present file foresees multiple referrals to the subjects already dealt with and developed with regard to the informal partners

Law no. 52 of 1996 introduced rules into the Italian legal system to protect the consumer in his contractual relations with professionals. In order to rationalize regulations which have been complicated by a long sequence of amendments, a Consumer Code was recently published (Legislative Decree no. 206 of 6 September 2005), which contains a thorough reworking of most of the consumer-protection rules. Article 3 of the Consumer Code defines a "consumer" as a physical individual who acts

A joint-stock company must be set up through a public deed which must clearly indicate who the parties to the contract are. Such parties may be individuals but also legal entities (as for instance other joint-stock companies, partnerships, cooperatives or other bodies).The Memorandum of Association must indicate the Municipality in which the company has its registered office, which is where it operates, and the name of the company which must contain the wording “"società per azioni" or "s.p.

The rules applying to limited partnerships are in many ways similar to those that govern informal  partnerships (please refer to the related paragraph).However in limited partnerships, only the unlimited partners can be directors and legal representatives of the company.

In early 2003 the Italian legislator issued a law decree (n° 6 of 17 January 2003) which thoroughly reformed companies limited by shares.  The declared aim was to simplify, where appropriate, and enrich, wherever possible, the rules governing such companies, with a view to increasing their competitiveness on both domestic and international markets.Many changes were made and the following results have been achieved:  a better, though still not complete, co-ordination between the rules governi

The rules applying to limited partnerships are similar from many points of view to those laid down for informal partnerships. However it is underlined that death of a limited partner does not imply conclusion of the business relationship, since upon the death of the partner his/her share is transmitted, unless otherwise agreed in the Memorandum of Association.

The rules applying to limited partnerships are similar in many respects to those that apply to informal partnerships (please refer to the related paragraph).In addition, as regards subjective changes arising from the transfer of a partner’s capital share, a distinction needs to be made between the unlimited partner’s share and that of the limited partner.If one of the unlimited partners decides to transfer his/her capital share he may undoubtedly do so through a conveyance deed; however, unl

Limited partnerships with share capital is a modified form of a company with share capital in which permanent directors manage the company who have unlimited liability, also contingent liability, for  social security liabilities. The provisions that are specific for this type of company are reduced to a few which concern above all the management of the company by the unlimited partners.    The peculiar characteristic of this type of company consists in the co-existence of two different group

The rules governing general partnerships are similar in many respect to those laid down for informal partnerships (please refer to the related paragraph).

On the basis of the provisions in force as of 1 January 2004, the administration of joint-stock companies may be organised according to three separate models:  the traditional model, the monistic model (of Anglo-Saxon origin) and the two-tier model (of German origin).In the traditional model, the directors have the task of running the company, and are accordingly provided with the power of being pro-active i.e. promoting the decision-making activity of the meeting (power of initiative), of i

The rules governing general partnerships are similar from many points of view to those laid down for informal partnerships (please refer to the related paragraph)

Co-operatives are associations of persons which are protected in the Italian Constitution:  in fact Article 45 of the Italian Constitution states: “the Constitution recognises the social function of co-operative societies that are based on the values of solidarity and that do not pursue goals of private profit”.In co-operatives predominant importance is ascribed to the social function, which consists in implementing a democratic decentralisation of the power of organisation and management of

The rules governing the general partnership are similar from many points of view to those laid down for informal partnerships (please refer to the related paragraph).

The management of a company is the activity of running the corporate enterprise. The power of management is the power of carrying out any activity that falls within the scope of the corporate purpose.When the management of the company falls on more than one partner (all or some), and the partnership contract makes no provision on how the power of management is to be exercised, then the notion of  separate management shall apply:  each partner is a director, that is, he has the power of manag