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The joint-stock company is a legal entity in which the shareholders do not respond personally to the company s obligations.
This type of structure is useful when one intends to include many members and when there is a need to easily disassociate participatory quotas.
The sale of shares is simpler than that of shares in companies with minimum responsibility, because it is not governed by specific provisions. Institution.
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The constitution of the S.p.A. it can follow two modalities: the simultaneous one (eis) and the posterior one (ste). The first provides that the instructors have ownership of each share, and the second provides that shares are granted to members in the constituent phase. The latter form is not widespread. The company is born with a registered notarial deed, in order not to be invalidated, in the dossier of the companies. Share Capital.
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The minimum economic level of the joint-stock companies must be ATS 1,000,000, of which a fourth part must at least consist of cash. Any increase in the issue cost must be paid in cash. The granting of ordinary goods hampers the birth of the company as it requires extraordinary findings. The company can use the registered capital immediately after registration in the company file. Members. Proponents, like subsequent shareholders, may have the citizenship of other states, natural or legal persons. Equity securities.
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The share capital is divided into equity securities with a basic amount of ATS 100, 200, 1000 or a multiple of 1000. They may be owned by the manager or nominal, and shareholders are not included in the files of companies, therefore they can understandably remain anonymous in the case of shares to the subject.
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Preferred shares, beneficiaries of particular rights, may also be issued. The facilitated actions can also be issued by members without voting rights. For the issue of conditional shares (vdd) instead, the corporate body s permission is required.
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There is the prohibition of issuing equity securities that require multiple voting rights. Own equity securities can only be purchased in precise circumstances, while there is a ban on taking own shares and buying treasury shares through subsidiaries.
The distribution of shares does not presuppose any notarial documents, as we must do for the holdings of the companies with minimum responsibility. The shares are transferred with the deed of assignment, the nominal ones with the passage and the license of the company, if it were provided for by the by-laws. Corporate bodies.
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The organs of a public limited company are the Board of Directors (vdvd), the Trade Union Council (Auaaat) and the Shareholders Meeting (Vollsd The lawyers qualified in real estate law take care of the total legal support for their customers, thanks to their great experience in terms of sales and purchases, spin-offs, subsidies, foundation and strengthening of exponential and complex properties of real estate and real estate portfolios in all the regions of It.
We take care of offering legal advice to customers in terms of sales, lending, strengthening and renting of commercial, industrial and residential properties, rental agreements, advice on loans with interest rates and investment maneuvers.
We have complete mastery of cancellation maneuvers.
The Firm deals with legal support for large multinational companies or small or medium-sized companies operating in It or in other states, as well as associations and bodies, cartels and business groups.
The lawyers of the Firm are qualified in commercial, corporate, business, real estate, bankruptcy and international law, and as a result are able to offer you many legal services. In 2004, the Studio concluded an agreement for collaboration with the da23 study.
Therefore, thanks to this collaboration with foreign lawyers, the firm can support you in many European countries, in the United States and in the Far East.
The main purpose of the study is the achievement, by its customers, of the objectives set, therefore the lawyers are committed to the identification of benefits and in the preparation of profitable decisions.
Beyond the resoluteness and professional competence, the lawyers of the study also pay attention to the organizational efficiency and the readiness of the notifications or functions. In the Studio there is a special tax department and one that deals with family matters, which is aimed at trusted assistants.
The Studio was born thanks to Avv. Ed oov. We have progressively contributed to the formation of lawyers who today are part of a well-established and experienced network, which can guarantee you the most complete and detailed legal support, which consists in the analysis and detailed legal investigation of the issues, so that the client can benefit from a service legal specialist. The study, in the field of civil law, deals in particular with the following issues:
Real estate law, property tax law, cancellations and rent, negotiation, partnership and Condominium, corporate and family law.
The lawyers of the scholars are progressively qualified in real estate law, and especially the maneuvers in real estate and the process of judicial auctions. Studio Avv. Occo has elaborated a database containing the list of real estate at auction concerning the judicial office of Rome, of Velletri and Latina.
The database is updated every day. The lawyers of the studio assist with excellent results customers who want to buy at auction for home use, thus having a profit margin higher than usual customary actions, and also customers who want to make purchases for investment maneuvers, even speculative .
The functions of the studio are granted following these steps: choice of the building that is closest to the customer s needs, verification of the following technical survey and any other necessary action (plants, photos, etc.), patrolling the building, intervention in the auction in appearance customer guarantor, request decrease amount in case of assignment, application and withdrawal deed transfer, process of conferment of the property, where necessary.
The lawyers of the Studio will also take care of the processing of the necessary documents in case of sale or rent of the building had by the customer (preliminary agreement, rent, etc.).
IT law is a branch of law that has developed in recent times, after the connected developments in digital technology.
The sector still has some misunderstanding, such as user protection or the protection of technicians. Users must be protected by illegal conventions and actions concerning private information, the contractors must be protected from the dissemination of intellectual property which may infringe the financial rights of copyright.
The lawyer who has full control over the protection of rights must know how to fix the rights and obligations of the parties that stipulate the contract, must know how to operate in the bargaining phase on information technology, and must know how to use the most appropriate means when place the non-observance of the rights guaranteed by the law or by the contract of one of the parties.da). Administrative Council. It is the body that represents the company before third parties and performs coordination functions.
One or more subjects belong to it and it is the Aufad (the trade union council of the AU) that provides for its appointment, for a five-year term. It can be deposited by the Trade Union Committee in specific circumstances.
Shareholders and the Trade Union Committee are subject to the prohibition on the issue of mandatory provisions to persons who form part of the administrative council. The subjects belonging to the Administrative Council and the Trade Union Committee may have the citizenship of other States.
Trade Union Committee. It has functions of election, revocation and control over the Administrative Council, and convenes the meetings of the Assembly of members. It has functions of observation of tasks for which it is expected to be approved, such as the purchase or transfer of shares and investment maneuvers that exceed a specific limit.
The Board of Statutory Auditors is responsible for approving the financial statements and ascertaining accounting maneuvers.
The Trade Union Committee must have at least three members, for a maximum of 20, who are appointed by the shareholders meeting. Shareholders, in particular circumstances, may personally designate the members of the trade union committee.
The Trade Union Committee is also formed by employees mandates, whose appointment is provided by the works council. The union committee must convene its meetings at least 3 times within a year.