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The judge’s non-discretionary nature for the order to produce the accounting records in the sale of the business
In the context of company transfers, pursuant to Article 2560 of the Italian Civil Code, the transferee is jointly and severally liable with the transferor for the company’s past debts resulting from the compulsory accounting records. On this subject, with order no. 13903/2020 the Supreme Court ruled that the judge is deprived of the discretion […]
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How to overcome the decision deadlock in companies
The legal professionals of Andersen Italy Francesco Inturri, Partner, and Carlo Riso, Manager, analyze the decision-making impasse in companies suggesting how to overcome this situation in an article published by IPSOA Quotidiano. The article examines the different legal instruments that can be used to prevent or resolve a structural deadlock caused by a dispute between […]
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Andersen Global Continues Caribbean Expansion with Addition of Legal Practice in Suriname
The Firm Founded more than 20 years ago by Dr. Jennifer Van Dijk-Silos and led by Managing Partner Nailah Van Dijk, the full-service law firm has a staff of more than 10 professionals and is broadly oriented in all sectors of civil law, providing services in commercial law, labor law, family law as well as […]
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Internal auditing for limited company and cooperative company: obligation postponed until 2022
In order to contain the negative effects of epidemiological emergency of COVID-19 on business activities, the Decree no. 34/2020, so-called “Decreto Rilancio”, signed into law, postponed until 2022 the duty to adopte internal control or auditors for limited company and cooperative company. This is what was provided by Budget Committee in article no. 51 bis […]
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Andersen Global Continues Latin American Expansion with Addition of Kenswil & Co.
The Firm With almost 15 years of experience, founder and Office Managing Director Siegfried Kenswil leads the Paramaribo-based tax and legal firm specializing in oil & gas and mining in addition to extensive experience with inbound and outbound structuring, tax advisory and compliance, legal advisory and compliance and corporate governance advisory. The firm’s clientele includes […]
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Tax credit on lease rental payments: tax codes for offsetting now available
With resolution no. 39/E of 13 July 2020 the Italian Revenue Agency defined the tax codes to be used for the offsetting of the tax credits from the lease rental payments of shops, real estate for non-residential use and business lease. Such tax credits – established to counter the negative effects from the Covid-19 – […]
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Andersen Global Continues Caribbean Expansion with Addition of Grenadian Tax Firm
The Firm Established 19 years ago, JD Consulting, a full-service tax firm, has three Partners and more than 10 professionals on staff. Johnson Dion, Office Managing Partner, and the team provide tax services to private clients, owner-managed businesses and SMEs. They specialize in an array of sectors including corporate tax, personal tax, VAT, tax planning, […]
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The monitoring of profits distributed to shareholders through the capital and reserves statement
The statement of capital and reserves, contained in the RS section of the tax return model, is not merely a summary of the items reported in equity’s balance sheet. In fact, in order to compile the statement, a reclassification for tax purposes of the various items of shareholders’ equity is required. This is confirmed both […]
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New anti-Covid19 emergency regulations referring to contractual and insolvency matters
With the recent report no. 56 dated 8 July 2020, the Supreme Court analyzed the impact that the anti-COVID19 emergency legislation has had on contractual relationships and in the context of business crises. With reference to the contractual world, the report highlights how the pandemic mainly affected the performance of contracts that provide mutual obligations. […]
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PIF Directive: increased the number of relevant offenses pursuant to Legislative Decree no. 231/2001
On July 15th, 2020, Legislative Decree no. 75/2020 was published in the Italian Official Gazette, aimed at adapting the Italian criminal law in implementing the EU Directive 2017/1371, the so-called PIF directive – protection of financial interests, on the fight against fraud affecting the Union’s financial interests by means of criminal law. The directive of […]
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Onus probandi: difference between Civil Code and Code of Consumer
The Court of Cassation, in its judgment no. 13148/2020, published on 30 June, expressed the following principles: – the application of the rules of the Civil Code is subsidiary to the application of the rules of the Consumer Code; – the burden of proof of the consumer, according to the provisions of Article 132 of […]
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Andersen Global Continues Caribbean Expansion with Additional Presence in Trinidad and Tobago
The Firm Johnson, Camacho & Singh Located in Port of Spain, Trinidad, the full-service law firm, is well known throughout the region, with thirteen attorneys covering corporate and commercial law, commercial litigation, property development and conveyancing, oil and gas, mergers and acquisitions, insolvency, and banking and finance. Additionally, the firm is ranked Band 2 for […]
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Extension until July 31, 2020, of the measures adopted by the Prime Ministerial Decree of June 11, 2020
Considering the current situation, in which the spread of the virus by Covid-19 is limited but not completely eradicated, the Government decided to issue a new Prime Ministerial Decree on 14 July, 2020 to extend until 31 July, 2020, with certain amendments, the measures set out in the Prime Ministerial Decree of 11 June 2020 […]
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Assets of a trust attacked by the Tax Authority
The Court of Cassation, with Ordinance no. 14201/20, has once again ruled on the claims made by the Italian Tax Authority against professional’s assets included in a trust. In the present case, the taxpayer had challenged the notice of mortgage registration issued by Equitalia, claiming that a trust had been set up on the assets […]
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Operating instructions of the Tax Authority on Tax credit for sanitation and adaptation of working environments
The Italian Tax Authority with Circular of July 10, 2020, no. 20/E provided the first indications on the procedures and criteria for the use of the tax credit for the adjustment of the working space and the tax credit for the sanitization and purchase of protective devices according to articles 120 and 125 of Law […]
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Andersen Global Enters Trinidad and Tobago
The Firm Robley Baynes Established in 2018, Robley Baynes provides a full scope of services including tax and advisory, financial, corporate and management. Led by Partners Kendell Robley and Mikhail Baynes, the dynamic and innovative firm assists clients with value-added solutions focused on business improvement and growth, leveraging their resources and experience across a wide […]
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Duty to provide information about the user who uploaded files infringing an intellectual property right
With the recent judgment of 9 July 2020, the Court of Justice of the European Union has had the opportunity to interpret some provisions of the Directive on the respect of intellectual property rights of the European Parliament and the European Council. In particular, the Court ruled that when a film is illegally uploaded on […]
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Taxes: extension to 20 July without interest
With the release of the Italian Dpcm in the “Gazzetta Ufficiale” on 29 June 2020, was made official the extension to 20 July of the payments due on 30 June, previously announced in a statement by the Italian Ministry of Finance (MEF). The extension is aimed at all taxpayers, to give them the opportunity to […]
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How Andersen faced Covid crisis
Francesco Marconi, Partner of Andersen in Italy, gave an interview to the newspaper Italia Oggi in an article on the impact caused by the health emergency due to the Covid-19 virus in economic and organizational terms. The Italian member of Andersen Global adopted two different approaches to face the crisis: conservative, which has allowed maintaining […]
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Andersen assists Nobil Metal S.p.A in the establishment of Open Tech 3D
The lawyers Andrea Ferrandi, Partner, and Nicole Frigo, Associate Partner, professionals of Andersen in Italy, assisted Nobil Metal S.p.A. during the establishment of Open Tech 3D s.r.l. and during the negotiation of the contract for the sale of the dental branch of Open Technologies s.r.l. as well as all related contracts (from the customer service […]
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