Even in companies located abroad, shareholders’ agreements can be stipulated between shareholders, who can reside in Italy or in the third country where the company is located.   Shareholders’ agreements have long been considered as conventions whereby shareholders establish relationships that cannot be opposed to the company, different or complementary to those provided for by theRead more

The general rule to our understanding of corporate double taxation and capital income is: Dividends due to the foreign company are paid to the company and may be additionally taxed in Italy on the tax on capital paid abroad.  Dividends of natural persons would be paid to the current accounts of natural persons resident inRead more

International law regulates the phenomenon of double taxation, occurring when a company gets its profits taxed twice in what is called ‘international double taxation’. Profits are taxed firstly in the State where the company is resident or established, and secondly in the State where they are produced, through a secondary branch. Agreements against double taxationRead more

Some cases of carrier’s liability are worth examining, since they have been the object of judgment by the Italian tribunal. Is it well known that the carrier’s liability is in principle: carrier’s liability for theft of merchandise; carrier’s liability for loss of merchandise; carrier’s joint liability towards the client; carrier’s liability for delay in delivery;Read more

Lawyers dealing with international carriage come across numerous cases where ADR mediation becomes relevant to resolve conflicts originating in international transport contracts or intermodal international carriage contracts. The main characteristic of international carriage of goods is the fact that the subjects involved have different functions and duties to fulfil. Besides the parties, the contract alsoRead more

Here are the main aspects of international carriage of goods by road. Sender’s rights, consignee’s rights, carrier’s responsibilities, limitations. The Geneva Convention regulates international carriage of goods by road. The main points of the convention are the goods and the places they are carried from and received. Domicile and citizenship are not relevant, whether itRead more

The most common cases of carrier liability are: theft of goods; delay in delivery; damage or deterioration; loss or failure to deliver. Carrier liability: international consignment note or CMR in road transport According to the rules of the Geneva Convention regulating international transport, the transporter is liable for the goods carried in case of: delayRead more

Every day a data protection officer wakes up – they know they must outrun the changes that regulatory evolution, IT innovation and artificial intelligence impose to corporations’ privacy policies. This is how we could paraphrase article 25 of EU Regulation 2016/679, also known as privacy by design and/or privacy by default. The principle underlying privacyRead more

We have already described the new Code of Corporate Crisis for the management of companies’ in this link about the New Bankruptcy and Insolvency Law. What’s more, the reasons behind the approval and promulgation of the so-called reform of bankruptcy law have been thoroughly explained in Corporate Credit Consultancy Lawyer Domenico Damiani’s video interview. However, itRead more

The crime of unlawful use of credit is recognised by article 325 of the new Code of corporate crisis and insolvency. Unlawful recourse to credit occurs when administrators, general directors, curators and professionals operating a commercial activity use or keep using credit, thereby dissimulating or hiding the company’s bankruptcy or insolvency. Penalties for such violations are particularlyRead more