Pursuant to Article 2393 of the Italian Civil Code, a liability action against corporate bodies requires a resolution of the shareholders, since the latter constitutes the formal and mandatory way of expressing the company’s will and therefore no equivalent to the shareholder resolution is admissible. In view of the unquestioned importance of the resolution, the […]
IVASS has opened for public consultation the draft Regulation containing provisions relating to the communication to IVASS of data and information on non-life premiums collected by companies through single intermediaries and through management activities. This is the Regulation adopted pursuant to articles 3-bis, 190, and 190-bis of Legislative Decree no. 209 of September 7, 2005 […]
In the very recent judgment no. 2258 of 26 January 2022, the United Sections of the Supreme Court ruled on a particularly important procedural law question expressed in the interlocutory order of the third section of the Court no. 18297/2021. The United Sections were asked to decide whether or not the defendant who had remained […]
The Financial Intelligence Unit for Italy (FIU) has provided updates on the ambitious European reform package, “AML Package”, aimed at strengthening the legislation on money laundering and terrorist financing, published by the European Commission on 20 July 2021. Specifically, the AML package, which consists of four European Commission proposals (3 regulations and a sixth AML […]
On December 12, 2021, the EU Court of Justice issued sentence no. 428 expressing its opinion on the issue regarding the increase in insurance limits. According to the Court, in the light of Directive 84/5 and Directive 2009/103, a motor insurance contract entered into before 11 December 2009 can only be applied retroactively to the […]
The recent measures implementing the PNRR have concerned, among other things, the matter of the carriage of goods and the forwarding contract, making some changes to the rules of the Civil Code, in particular on sensitive issues such as the limit of liability of the land carrier (Article 1696 Civil Code) and the forwarding contract […]
The Italian Revenue Agency – Agenzia delle Entrate (“AE”) was recently asked to clarify the customs and VAT obligations to be fulfilled by a British-flagged yacht sailing in Italian territorial waters after the United Kingdom became a non-EU state on 1 January 2021 following the so-called Brexit. In its “Risposta” No 26 of 2022, the […]
The operational indications contained in the new guidelines on cookies and other tracking tools adopted by the Authority to protect personal data with the provision of June 10, 2021 have become operative from January 10, 2022. The primary purpose of the document is to make a reconnaissance of the legal framework of reference, also specifying […]
By judgment no. 3308/2021 issued on 10 August 2021, the Court of Palermo has addressed particularly interesting legal issues, related to the trustee’s capacity to bring an action against the bank and to the illegal granting of credit by the bank, in the event that a company fails to meet the minimum essential requirements for […]
On December 23, 2021, IVASS published the new FAQ regarding insurance distribution, in view of a revision of the regulations on the subject. Below are the main points of the questions and clarifications provided by the Authority: Obligation to register in case of activities carried out partially by means of distance communication The registration obligation […]
