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A thorough analysis of economic phenomena and of the main juridical changes enables us to best respond to the varied needs of our clients.

News

11
11_
2021
News
Bankruptcy of the de facto supercompany

The merely incidental finding of the existence of a so-called de facto supercompany does not automatically lead to its bankruptcy should one of its partners be insolvent.


9
7_
2021
News
Irresponsible lending: the bankruptcy administrator has standing to act against lender banks

The bankruptcy administrator has standing to act against the bank for irresponsible lending, in the case of an unlawful new loan or maintenance of ongoing contracts, which has caused a decrease in the assets of the bankrupt person, for the direct damage to the company resulting from the loan and for the injury to the entire class of creditors owing to the loss of the asset guarantee pursuant to Article 2740 of the Civil Code.


6
7_
2021
News
Corporate governance of banks: update on Banca d’Italia’s supervisory provisions

Banca d’Italia has issued an update on the supervisory provisions concerning banks’ corporate governance (Circular No. 285/2013). The amendments are targeted at strengthening Italian banks’ governance structures and taking into account changes in European guidelines (the so-called CRD V directive and EBA Guidelines).


22
6_
2021
News
BANCA D’ITALIA DISMISSES SANCTION PROCEEDINGS AGAINST TWO OF THE FIRM’S CLIENTS

Negrolex, with a team led by Ettore Maria Negro and Donatella D’Ambrosio, has assisted two members of the Board of Directors of a well-known Italian bank in sanction proceedings brought by Banca d’Italia. Although at the conclusion of the preliminary investigation phase, the Institutional Relations Service proposed the application of a fine, Banca d’Italia’s Directorate (Governing Board), having assessed all the records of the proceedings, decided not to pursue the sanction procedure against the Firm’s two clients.


21
6_
2021
News
The competent Court must provide for the judicial receiver’s remuneration even if the composition with creditors is rejected

With judgment no. 15789 of 7 June 2021, the Supreme Court, while taking into account its previous rulings to the contrary, held that the phrase “at the end of the proceedings” in the third paragraph of Article 165 of the Bankruptcy Law implies that, following the end - for whatever reason - of the composition with creditors, the Court with jurisdiction over regulation of the competition, notwithstanding its formal termination, still has the power to determine the compensation due to the judicial receiver, once all his activities have been completed.


21
6_
2021
News
Consob – Annual meeting with the financial market

On Monday 14 June 2021, the Chairman of Consob has hold the annual Meeting with the Financial Market on the occasion of the presentation of the Consob Report for 2020.


16
6_
2021
News
Borsa Italiana – Notice no. 19366/2021

With Notice no. 19366 of 3 June 2021, Borsa Italiana published the latest amendments to the Instructions for the Market Rules which will come into force on 21 June 2021 (the amendments to the Instructions for the ETFplus Market will enter into force subject to the positive outcome of the tests).


16
6_
2021
News
Arbiter for Financial Disputes

The 2020 Annual Report of the Arbiter for Financial Disputes (ACF), the entity established at Consob in 2016 for alternative dispute resolution between retail investors and intermediaries authorised to provide investment services, in the event of a breach by the latter of their obligations of diligence, transparency, integrity and information, has been published.