Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
Or refine your search by selecting a city:
Italy Attorneys in related practice areas.
Refine your search by selecting a city.
Corporate and commercial law in Italy governs how businesses are formed, operate, merge, and close, as well as how companies interact with each other, consumers, and public authorities. Italian corporate law is rooted in the Italian Civil Code, with key updates and sector-specific regulations shaped by European Union directives. It covers a broad spectrum, including company formation, mergers and acquisitions, shareholding structures, commercial contracts, and compliance rules. For anyone engaging in business activities in Italy-whether as a local entrepreneur, a multinational corporation, or an overseas investor-it is essential to understand Italy's legal landscape to ensure operations run smoothly and within the law.
While some basic business transactions can be handled independently, there are many situations where working with a qualified corporate and commercial lawyer in Italy is strongly advised. These include:
Legal advice helps prevent costly mistakes, ensures regulatory compliance, and protects business interests in both routine and complex matters.
Italian corporate law is part of the broader Civil Law system and is primarily enshrined in the Italian Civil Code alongside a series of special laws and EU regulations. Here are some important elements of corporate and commercial law in Italy:
Italy offers several company forms, but the most common are Srl (limited liability company), Spa (joint-stock company), and Snc (general partnership). Each structure has different requirements for capital, governance, and liability.
The process typically takes two to four weeks, depending on document readiness and completion of the notarial process. However, certain sectors or foreign ownership can add time due to additional approvals.
Yes, foreign individuals and entities can wholly own Italian companies, though specific regulatory approvals may apply to certain sectors such as banking, insurance, and defense.
Directors are expected to act in the company’s best interest, comply with statutory duties, maintain accurate records, and avoid conflicts of interest. They are held to high standards and can face personal liability for breaches.
Yes, shareholder agreements are recognized and enforceable, provided they do not conflict with mandatory legal provisions or public policy. They help clarify rights, obligations, and dispute mechanisms.
The standard corporate income tax (IRES) is 24 percent. Additional local and regional taxes, such as IRAP, may also apply.
Companies must keep proper accounts and file annual financial statements with the Companies Register. Auditing is mandatory for Spa companies and for Srl exceeding certain thresholds.
While parties can agree on contract language, certain documents filed with Italian authorities and courts must be in Italian. Translations may be required for full legal effect.
Italian law provides for restructuring options, insolvency proceedings, and bankruptcy under recently reformed codes. Timely legal guidance is critical due to potential liabilities and creditor implications.
Disputes can be resolved via negotiation, mediation, arbitration, or litigation before Italian courts. Commercial litigation may be slow, so alternative dispute resolution is often recommended.
For more information or specialized assistance, the following organizations and authorities can be helpful:
If you need legal assistance in the field of corporate and commercial law in Italy, consider these steps:
Taking early and informed action can protect your business interests, save costs, and prevent legal complications in the complex Italian commercial environment.
