Italian Forced Heirship Rules
Italian Forced Heirship Rules (Legittima) Italian forced heirship, governed by the Civil Code (Articles 536–564), restricts the freedom for an individual to decide where their assets should go on death. The rules work by reserving a portion (quota legittima) for “forced heirs” (the “legittimari” – spouse, children, or ascendants if there are no children). These […]
Purchasing Italian Real Estate – Individuals vs. Corporate Structure
There are a number of options for the purchase of Italian Real Esate. Here we look at the principal alternative options, but there are others. We look at purchasing : There is no automatic choice. Much will depend on the type of property and if you are going to rent the property or simply occupy […]
Employment
8.1 Employment Contracts Italian employment contracts must comply with national labor laws and collective bargaining agreements (CCNL). Contracts may be: Permanent (tempo indeterminato) – Default form with full protections Fixed-term (tempo determinato) – Allowed for specific projects or seasonal work Apprenticeship (apprendistato) – Combines training with employment Freelance/Consultant (collaborazione) – Used for independent contractors Contracts […]
Legal Background
1.1 Key Legal Sources Italy’s business law is rooted in the Civil Code (Codice Civile), which governs contracts, companies, and obligations. Supplementary laws include Legislative Decree No. 58/1998 (TUF) for financial markets, and EU regulations that apply directly or via transposition. The establishment and operation of enterprises in Italy are primarily governed by: Codice Civile […]
Business Structures
2.1 Types of Business Structures Italy offers several legal forms for doing business, each with its own regulatory and tax implications: Representative Office – For non-commercial activities (e.g., market research); no legal personality or Italian corporate income tax liability, proving activities carried on do not fall within the definition of a permanent establishment. Sole Proprietorship […]
Shareholders and Members
3.1 Rights and Obligations Shareholders in Italian companies enjoy rights based on their share class and the company’s bylaws. Core rights include: Voting on key resolutions (e.g., mergers, capital changes) Receiving dividends and liquidation proceeds Inspecting financial statements and minutes Calling meetings (if holding ≥10% of capital) Obligations include contributing capital, respecting confidentiality, and complying […]
Conducting Business
5.1 Registered Office and Local Presence All Italian companies must maintain a registered office (sede legale), which is listed in the Companies Register. This address is used for legal notices and tax correspondence. While virtual offices are permitted, physical presence may be required for certain licenses or inspections. 5.2 Business Licenses and Sectoral Approvals Italy […]
Tips and Traps
15.1 Common Pitfalls Foreign investors often encounter challenges due to unfamiliarity with Italian bureaucracy and legal nuances. Common traps include: Underestimating incorporation timelines and documentation Failing to comply with local labor laws and collective agreements Ignoring VAT registration and electronic invoicing requirements Using generic contracts without Italian legal review Early legal and accounting advice can […]
Trends and Predictions
14.1 Digital Transformation Italian businesses are increasingly adopting digital tools, including e-invoicing, cloud accounting, and remote collaboration platforms. Government incentives such as the “Piano Nazionale Transizione 4.0” support investment in digital infrastructure and innovation. 14.2 ESG and Sustainability Environmental, Social, and Governance (ESG) criteria are gaining traction among investors and regulators. Companies are expected to […]
Termination of Activities
13.1 Voluntary Liquidation Companies may choose to wind up operations through voluntary liquidation. This requires: Shareholder resolution to dissolve the company Appointment of a liquidator (liquidatore) Notification to the Companies Register Settlement of debts and distribution of remaining assets The process must comply with Civil Code provisions and may take several months depending on complexity. […]