Donatella
D’Ambrosio_


AREAS OF EXPERTISE

  • Litigation and arbitration
  • Insolvency proceedings
  • Banking and financial services
  • Business and company law

EDUCATION

  • Master’s in “Company Law for Practitioners”, Ipsoa Business School, 2019
  • Master’s in “Company Turnaround and Insolvency Proceedings - The Consultant’s role in avoiding bankruptcy”, Ipsoa Business School, 2015
  • Master’s degree in Law, 110/110 cum laude, Parthenope University of Naples, 2012

PROFESSIONAL ASSOCIATIONS

  • Association of Insolvency Practitioners of Milan, 2020
  • Milan Bar Association, 2016

LANGUAGES

  • Italian
  • English

Donatella joined the law firm in March 2015.

She has gained experience and specific expertise in litigation, in particular within the framework of proceedings relating to the liability of directors, as well as in sanction proceedings initiated by Banca d’Italia and Consob against corporate officers and the related appeals before the Court of Appeal.

She provides out-of-court assistance to companies, also as regards aspects concerning the organisation and operation of corporations, including companies under the supervision of Banca d’Italia.

She provides support in insolvency proceedings for all activities falling within the remit of the administrator, judicial receiver and judicial liquidator.

PUBLICATIONS

  • Author of formulae and comments in Formulario delle Società, Giuffrè, 2019

Insights_

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.


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.


13
11_
2015
News
Defects of leased assets

With decision no. 19785/2015, filed on 5th October 2015, the Joint Sections of the Supreme Court (L.A. Rovelli Presiding –A. Spirito Reporting Judge) issued their judgement on the matter of financial leases, addressing the issue of the remedies the user may invoke in cases of defects of the leased asset.


12
11_
2015
News
Preliminary sale agreement and bankruptcy

With their decision no. 18131/2015, filed on 16 September 2015 (L. A. Rovelli presiding - R. Vivaldi reporting judge), the Joint Sections of the Supreme Court affirmed that the receiver of the promissory seller may not exercise the right to terminate the preliminary agreement under Article 72 of the Italian Bankruptcy Law with respect to the promissory buyer, if the latter transcribed, before the declaration of bankruptcy, the petition for performance in specific form proposed in accordance with Article 2932 of the Italian Civil Code and said petition was granted with a decision which in turn was transcribed.


12
11_
2015
News
Corporate groups in arrangement with creditors procedure is non-actionable.

With its decision no. 20559/2015, filed on 13 October 2015 (A. Ceccherini Presiding – L. Nazzicone Reporting Judge), the Supreme Court, 1st Civil Section, declared that a so-called corporate groups in arrangement with creditors procedure was non-actionable before the same court, in the absence of positive laws and regulations covering the phenomenon and governing its jurisdiction, the forms of complaints, the appointment of the bodies and the formation of the classes and of the volumes of assets and liabilities; indeed, according to current laws and regulations, a composition with creditors may be proposed solely by each of the companies belonging to the group before the court having local jurisdiction for each individual procedure, without possibility of confusion between assets and liabilities.