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Italy Private Equity Legal Questions answered by Lawyers

Browse our 2 legal questions about Private Equity in Italy and read the lawyer answers, or ask your own questions for free.

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 Private Equity Legal Articles

Browse our 2 legal articles about Private Equity in Italy written by expert lawyers.

Trade Sales vs Secondary Buyouts for PE Exits in Italy
Private Equity
Trade Sales vs. Secondary Buyouts for PE Exits in Italy Exiting an Italian portfolio company requires navigating a distinct environment of strict regulatory frameworks, complex labor relations, and unique tax regimes. For foreign private equity (PE) sponsors, the choice between a strategic trade sale and a secondary buyout (SBO) to... Read more →
Private Equity Legal Framework for Italian Family Businesses
Private Equity
Shareholders' agreements (patti parasociali) in Italy are generally limited to a five-year duration for unlisted companies, requiring active renewal to remain enforceable. The Italian "Golden Power" legislation grants the government authority to review and potentially block foreign investments in strategic sectors, including tech, food, and health. Succession planning is the... Read more →

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