• Validity of the framework investment agreement signed only by the client

    As stated in the regulation of banking and financial contracts, provided for in Article 117 TUB and Article 23 TUIF,  the framework investment agreement shall be drawn up in writing under penality of nullity. The legislation states a “nullity of protection”, that could be invoked only by the client, if considered convenient for himself. Otherwise, […]

    Learn More

  • Invoices for not existing operations, The Supreme Court approve the Active Review

    The Supreme Court with decision n. 5448 on 6th February 2018 stated that the active repentance allows to settle the violations committed using invoices for not existing operations, contrary to what is claimed by the tax Authority also in Telefisco 2018. The above mentioned decision admitted the Active Review to heal fraudulent tax return as […]

    Learn More

  • Budget Law 2018: fiscal highlights

    The Budget Law 2018 was published in Official Gazette no. 302 of 29 December 2017 and has been in force since 1 January 2018. Andersen & Legal is at your disposal for any additional clarification and explanation.

    Learn More

  • Cinema tax credit: an opportunity for investors

    The Italian legislature has established several measures in favour of the cinema and audiovisual industry. The new Law dated 14 November 2016, n. 220, introduced several amendments and new provisions to the old regime in order to attract more investors and to strengthen such crucial industry in Italy. New tax benefits are based on the […]

    Learn More

  • Is the final agreement a mere repeat of the preliminary agreement?

    In a recent judgment, the Supreme Court reaffirmed the principle of law according to which if the parties, after they have entered into a preliminary agreement, concluded the final contract, the latter is the only source of rights and of obligations related to their relationship and not mere repetition of the first contract, as the […]

    Learn More

  • Punitive damages and exequatur

    The italian Corte di Cassazione recognized and enforced US Judgement based on “punitive damages”.

    Learn More

  • Medical liability

    The new medical liability is innovative, see annex for more details.

    Learn More

  • AML for Italian Lawyers

    The Consiglio Nazionale Forense published “AML vademecum” for italian lawyers, after the AML new law.

    Learn More

  • Trust for support to disabled people: facilities provided in law n. 112/2016

    Italy introduced Law No 112 of 2016, on assistance for people with severe disabilities without family support. Main goal of the law is the full inclusion and autonomy of people with disabilities. In order to achieve these aims, it is provided for the establishment, at the Ministry of Labour and Social Affairs, of a Fund […]

    Learn More

  • Anti Money Laundering legislation: D.Lgs 25.05.2017 n. 90 approved

    The D.Lgs 25.05.2017 n.90 was approved and published on the 19.06.2017 Gazzetta Ufficiale.The italian national law mesures – trasposing the reporting obligations set out in Directive (UE) 2015/849 – will enter into force on the fourth of july. The news set out, mainly involves: increasing of the administrative sanctions; increasing number of the “politically exposed […]

    Learn More

  • Privacy: insights on new rules

    Next May 25, 2018 will enter into force the regulation 2016/679 that concerns privacy policy. This regulation enters into what, with Directive 2016/680, has been defined as the “European Data Protection Package”. The article attached herewith defines the amendments introduced by the Regulation which all companies shall adopt within one year.

    Learn More

  • The “overindebtedness procedure”

    The “overindebtedness procedure”, introduced by the Italian law 3/2012, is increasingly being used in Italian Courts. Read more in the attached document (in Italian).

    Learn More

  • No more automatic lifelong divorce payments

    Italian high court ends automatic lifelong divorce payments in landmark ruling. Supreme Court judgment overturns 30 years of case law: from now on the benchmark for levels of maintenance will be based on an assessment of the independence or economic self-sufficiency of the former spouse requesting it. Divorcees who have independent means or are capable […]

    Learn More

  • Lease and scheme of arrangement on a going concern basis

    With a sentence dated April 5th, 2017 the Court of Appeal of Florence stated that the lease is incompatible with the scheme of arrangement made on a going concern basis. The sentence states that the entire discipline of the aforementioned scheme, ex art. 186bis of the Italian Bankruptcy Law, is based on the assumption that […]

    Learn More

  • Innovative start up

    Decree-Law 179/2012 has introduced into the Italian legal system a definition of a new innovative enterprise of high technological value, the (called) “innovative startup”. The policy for innovative startups became stronger in the last years by several subsequent legislative interventions. The Stability Law for 2017 has improved and broadened the range of benefits in favor […]

    Learn More

  • Rent-to-buy: our insights

    The “rent-to-buy” agreement, with the tight credit market and stricter down payment requirements, has emerged as a trend for people who otherwise would not be home buyers. Rent-to-buy is a particular kind of contract, introduced by D.L. 133/2014. It is a hybrid contract, halfway between sale and lease. The landlord delivered the property to the […]

    Learn More

  • Touristic locations: our insights

    Widespread phenomenon in art cities, and all the turistic cities in general, it is of interest for private owners who rent their residential properties with short-term leases and without the provision of those additional services.

    Learn More