Ettore Maria
Negro_

Founder

AREAS OF COMPETENCE

  • business and company law
  • insolvency and restructuring
  • banking and financial services
  • litigation and arbitration

EDUCATION

  • Specialisation course “Il nuovo diritto fallimentare. Crisi d’impresa e continuità aziendale. Le novità del D.L. 22 giugno n. 83”(“The new bankruptcy law. Business in distress and viability. The changes introduced by Italian Law Decree no. 83 of 22 June”), Department of Private and Procedural Law, University of Florence, November 2012.
  • Law Degree, Catholic University of the Sacred Heart, Milan, 1988

PROFESSIONAL ASSOCIATIONS

  • Special register of barristers authorised to practice before the Supreme Court and Higher Courts, 2006
  • Milan Bar Association, 1994
  • Società Italiana di Studi Concorsuali (S.I.S.Co. – Italian Society of Bankruptcy Law Studies)

LANGUAGES

  • Italian
  • English

Ettore Maria Negro has progressively delved further into the study of corporate law and bankruptcy law, since the start of his career.

He has handled major litigation and arbitration cases within some of Italy's leading law firms.

He has also been able to work on private equity matters.

Within the field of corporate law, he has developed competencies in the study of the organisation and operation of companies and he has served as counsel, in particular, in cases involving directors' liability.

In bankruptcy law, also with reference to bankruptcy proceedings, he has worked on:

  • declaration of bankruptcy proceedings, including the complaint phase;
  • proving debts in bankruptcy and filing opposition against the court order making the liabilities enforceable;
  • bankruptcy rescindment initiatives prescribed by Article 67 of the Italian Bankruptcy Law;
  • liability actions against directors and statutory auditors of a bankrupt company in accordance with Article 2394-bis of the Italian Civil Code and otherwise (for limited liability companies) with Article 146 of the Italian Bankruptcy Law;
  • on-going assistance provided to the debtor with respect to the appeal for its own declaration of bankruptcy and subsequent relations with the bodies of the procedure;
  • competitive procedures for the liquidation of the assets, acquisition of assets (including company shareholdings) from companies undergoing composition with creditors and from bankruptcy proceedings;
  • on-going assistance in relation to the preparation, drafting and filing of appeals for composition with creditors, as well as the assistance provided to the debtor until the composition receives its final approval;
  • assistance for the preparation and drafting of appeals for composition with creditors
  • assistance provided to court-appointed liquidators in composition procedures for actions pertaining to the declaration of invalidity of payments by offsetting and deeds establishing liens;
  • study of the provisional operation of the company within the scope of extraordinary administration proceedings.

Another field of expertise is that of litigation involving financial intermediation (brokers’ liability; invalidity and problems of deals pertaining to derivative contracts).

Lastly, his professional activity has included, inter alia, serving as counsel in cases involving unfair competition, industrial property rights, work contracts, leases, and international sale, supply, concession agreements (including the pharmaceutical industry).

Professional services were performed at every level of proceeding before Courts of first instance, Courts of Appeal, the Cassation Court, both in disputes and in voluntary jurisdiction proceedings; in arbitration proceedings, both domestic and international, free or administered (Rules of the International Chamber of Commerce - ICC, Uncitral, of Vienna, of the National and International Arbitration Chamber of Milan, of the American Arbitration Association).

Academic appointments

Since the 2009/2010 academic year he has been adjunct professor at the Specialisation School for the Legal Professions of the University of Parma, teaching Business Law, in particular on debt instruments

In the 2004/2005 and 2005/2006 academic years he was adjunct professor at the Specialisation School for the Legal Professions of the University of Brescia, lecturing on techniques for the preparation of international agreements.

Judicial appointments

He has been appointed by the Court of Milan to act as receiver and administrator in a number of insolvency proceedings

Publications

  • L’ammissione al passivo con riserva: i crediti condizionati e il credito del fideiussore escusso dopo la dichiarazione d’insolvenza (in Crisi e risanamento, no. 26/2018)
  • La cosiddetta “desistenza postuma” all’esame della Corte di cassazione (in Fallimento, 3/2017, 305)
  • Proposte concorrenti, rinuncia alla domanda e revoca della proposta di concordato preventivo (Creditors' proposals, discontinuance of the action and withdrawal of the debtor's proposal in the pre-bankruptcy arrangements with creditors), (in ilCaso.it, 12th February 2016)
  • Spetta all'intermediario accertare se l'investitore persona fisica sia operatore qualificato (The intermediary is responsible to ascertain whether the natural person investor is a qualified investor) (comment to Cass. 27 October 2015, no. 21887, in ilsocietario.it, 14 December 2015)
  • Modifiche statutarie dei diritti di partecipazione dei soci e diritto di recesso (Bylaws 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 (Indirect sales channels 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 procedure for the approval of simplified regulations, in Changes pertaining to 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 the preparation and management of 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 signature affixed by 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 coupled with an interest and credit assignment in composition with creditors (in Giur. It., 1994, I, 2, 703);

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