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Italy Corporate & Commercial Legal Questions answered by Lawyers

Browse our 5 legal questions about Corporate & Commercial in Italy and read the lawyer answers, or ask your own questions for free.

Can the president of an Italian association be held personally liable for unpaid supplier debts?
Corporate & Commercial Nonprofit & Charitable Organizations
Our cultural association in Bologna does not have recognized legal personality and has accumulated several unpaid bills from an event last summer. A creditor is now threatening to seize the personal bank account of our association's legal representative. Can they legally target the president's private assets to settle the non-profit's... Read more →
Lawyer answer by Studio legale DSC

An unrecognised association has no separate legal personality, and that is why Italian law treats its debts differently from a company's. The starting point is Article 38 of the Civil Code: creditors may satisfy their claims on the association's common...

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Can a foreign private equity fund force me to sell my minority shares in an Italian company using a drag-along clause?
Corporate & Commercial Private Equity
A private equity firm acquired a 65 percent stake in a family manufacturing firm near Milan two years ago, and it now plans an exit by selling the entire enterprise to a foreign competitor. It is attempting to invoke the drag-along clause in the shareholders agreement, but the proposed transaction... Read more →
Lawyer answer by Studio Legale Sottocasa

Under Italian law, the use of a Drag-Along Clause (Clausola di trascinamento or Diritto di co-vendita forzosa) is highly common in Private Equity transactions. However, majority shareholders do not have a blank check to expropriate minority stakes at an arbitrary...

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Can the Italian government block a foreign private equity fund from acquiring a majority stake in my Milan-based tech firm under Golden Power rules?
Corporate & Commercial Private Equity
We are currently negotiating a buyout with an international private equity fund that wants to acquire 70% of our software company. I heard that Italy has strict Foreign Direct Investment screening laws that might require prior government authorization before completing the deal. How long does the clearance process usually take... Read more →
Lawyer answer by Studio Legale Sottocasa

Yes — potentially. Italy can review, condition, or in some cases block a foreign investor’s acquisition of a majority stake in an Italian company under its Golden Power foreign investment screening rules, but this does not happen automatically just because...

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Italy Corporate & Commercial Legal Articles

Browse our 9 legal articles about Corporate & Commercial in Italy with practical legal information.

Representative Office in Italy vs. Branch: Setup & Visas
Corporate & Commercial
Last updated October 2026. A representative office (ufficio di rappresentanza) suits a non-commercial presence: market research, information gathering, promotion and liaison. It does not suit a local team that sells or negotiates deals. A branch (sede secondaria) can trade in Italy. It normally constitutes a permanent establishment and is taxed... Read more →
Setting up an S.r.l. in Italy: A 2026 practical guide
Corporate & Commercial
Foreign investors usually choose between a traditional S.r.l. (more flexible, more respected by banks) and a simplified S.r.l. (S.r.l.s) (cheaper to set up, but more rigid and sometimes less bank-friendly). Every Italian company must have a PEC certified email and at least one digital signature; without them you cannot file... Read more →
Guide to Foreign Direct Investment in Italy's Tech Sector
Corporate & Commercial
Italy's "Golden Power" legislation allows the government to veto or impose conditions on foreign investments in strategic sectors, including high-tech, AI, and semiconductors. Mandatory notification to the Presidency of the Council of Ministers is required for acquisitions that meet specific ownership thresholds or involve strategic assets. The S.r.l. (Limited Liability... Read more →

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