Ettore Maria Negro has continued to delve further in the study of corporate law and bankruptcy law since the start of his career.
He has handled major litigation and extraordinary corporate operations in some of Italy’s leading law firms.
In the field of corporate law, he has developed expertise in the study of the organisation and operation of corporations and, more specifically, has assisted in transactions such as those relating to shareholdings and the relationships between shareholders, companies and management bodies. He has considerable experience in proceedings concerning directors’ liability, shareholders’ agreements, shareholders’ meetings and the pledge of shares.
In the field of bankruptcy law and businesses in distress, Ettore has handled numerous debt restructuring operations and provided assistance in compositions with creditors, also thanks to the experience he has developed as judicial receiver.
He has provided assistance in liability actions against directors and auditors of bankrupt companies and in actions rescinding bankruptcy adjudications.
An additional area of experience is assistance in sanction proceedings by Banca d’Italia, Consob and the Supervisory Board of Financial Advisors and in appeals against their decisions.
Another practice area concerns the purchase of mortgage-backed UTP receivables for the purpose of acquiring the pledged real estate, including through securitisation transactions, as well as the sale of shares in real estate investment funds.
In the past, he has dealt extensively with litigation in the field of financial intermediation (liability of intermediaries; invalidity and issues with derivative contracts).
Lastly, he has also provided assistance in unfair competition proceedings, tenders, leases and international sales, supply and concession agreements (including in the pharmaceutical industry).
Academic appointments
From the 2009/2010 to the 2017/2018 academic year, he was adjunct professor at the Postgraduate School for the Legal Professions of the University of Parma, teaching Business Law, in particular on debt instruments and contracts for the acquisition of shareholdings.
From the 2004/2005 to the 2005/2006 academic year, he was adjunct professor at the Postgraduate School for the Legal Professions of the University of Brescia, teaching techniques for drafting international contracts.
Court-appointed positions
He has been appointed administrator, judicial receiver and judicial liquidator by the Court of Milan in a number of insolvency proceedings. He currently holds positions in 23 insolvency proceedings.
Publications
L’ammissione al passivo con riserva: i crediti condizionati e il credito del fideiussore escusso dopo la dichiarazione d’insolvenza (Allowance of claims in bankruptcy subject to reservation: conditional claims and guarantor’s claim enforced after the insolvency adjudication) in Crisi e risanamento, no. 26/2018
La cosiddetta “desistenza postuma” all’esame della Corte di cassazione (The so-called “posthumous withdrawal” under consideration by the Court of Cassation), in Fallimento, 3/2017, p. 305 et seq.
Proposte concorrenti, rinuncia alla domanda e revoca della proposta di concordato preventivo (Competing proposals, discontinuance of the proceedings and withdrawal of the composition proposal), in ilCaso.it, 12 February 2016)
Spetta all'intermediario accertare se l'investitore persona fisica sia operatore qualificato (The intermediary is responsible for ascertaining whether the natural person investor is a qualified investor), comment to Cassation, 27 October 2015, no. 21887, in ilsocietario.it, 14 December 2015
Modifiche statutarie dei diritti di partecipazione dei soci e diritto di recesso (Bylaw amendments to shareholders’ rights of participation and right to withdraw), comment to Court of Milan, 31 July 2015, in ilsocietario.it, 20 November 2015
Regole di condotta degli intermediari finanziari: gli obblighi di informazione (Rules of conduct for financial intermediaries: disclosure obligations), in Giur. Comm. 2005, II, 489
L’offerta fuori sede di prodotti diversi dagli strumenti finanziari e dai servizi di investimento (Door-to-door selling of products other than financial instruments and investment services), in Banca, Borsa e Tit. cred., 2001, I, 633
La procedura di approvazione del regolamento semplificato, in Novità in materia di Fondi comuni di investimento (The approval procedure for simplified regulations, in Changes in Mutual Investment Funds), Proceedings of the ITA S.r.l. Convention, Milan, 13 February 2001
Le trattative e la responsabilità precontrattuale, in Tecniche di redazione e di gestione dei contratti d’impresa (Negotiations and pre-contractual liability, in Techniques for preparing and managing business agreements), Proceedings of the ITA S.r.l. Convention, Milan, 14 and 15 September 2000
Sulla validità della sottoscrizione cambiaria apposta mediante timbro a stampa (On the validity of a promissory note signed with a stamp), in Giur. It., 1995, I, 2, 163
Brevi riflessioni su mandato in rem propriam e cessione di credito nel concordato preventivo (Brief considerations on agency granted in the interest of the agent and credit assignment in composition with creditors), in Giur. It., 1994, I, 2, 703