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Business Lawyers in Italy

OS Law aims to provide all services related to the organization of companies and branches, both all around Italy and internationally, of any size and nature, and operating in any industry or financial sector.

This includes incorporations, implementation of legal requirements, and relationships between the company and shareholders and/or directors.

We give support to companies, directors, and shareholders on corporate matters, as well as on the strategic management of the shareholdings.

We also provide advice in commercial transactions, including cross-borders, of all kinds for a wide range of industries.

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The firm also assists the client in the formation and incorporation of the company, structuring of the corporate governance, management, acquisition, and sale of equity investments and businesses and business units and special operations, including transformations, mergers, strategic alliances, and joint ventures, joint ventures, spin-offs, transfers of shares, assets, and businesses.

We also are able to provide legal due diligence on target companies and assets, in the context of transfers and merger and acquisition operations in Italy.

Opening a business in Italy in a nutshell  idea-1 Business and Corporate Law

In Italy, the process of incorporating a company involves several steps:

1. Choose a company name: The name of the company must be unique and must be approved by the Italian Trade Register.

2. Prepare the Articles of Association: This is a legal document that outlines the rules and regulations governing the company, including the company’s purpose, the distribution of shares, and the rights and obligations of shareholders.
According to Italian law, you must draft your Atto Costitutivo (memorandum) and Statuto (bylaws) in front of a notary. To draft the Atto Pubblico (incorporation agreement) or to certify the shareholders’ signatures, the notary must be present. The notary is in charge of adding the business to the Chamber of Commerce of the municipality where it was incorporated’s Companies Register. Only following this registration will the company be a reality. The incorporation process can also be completed by a legal proxy if one of the shareholders is absent and unable to sign in person (normally a lawyer or a trusted person whom the investor knows).

3. Appoint a board of directors: The board of directors is responsible for managing the company’s day-to-day operations.

4. Obtain a tax identification number (codice fiscale) from the Italian Revenue Agency. The corporation gets a procedural reference number, a tax identity number, and a VAT number right away after registering. The company receives documentation from INPS and INAIL within 48 hours of confirming registration with the Companies Register (Accident Insurance Office).

5. Register the company with the Italian Trade Register: This involves submitting the Articles of Association, along with other required documents and fees, to the relevant government office.

6. Obtain any necessary licenses and permits: Depending on the type of business, there may be additional licenses and permits required to operate in Italy.

7. Open a bank account: The company will need to open a bank account in order to conduct business transactions.
The time required to incorporate a company in Italy can vary, but it typically takes a few weeks to complete the process. Legal and accounting assistance may be helpful in ensuring a smooth and efficient incorporation process.

The time required to incorporate a company in Italy can vary, but it typically takes a few weeks to complete the process. Legal and accounting assistance may be helpful in ensuring a smooth and efficient incorporation process.

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Which business model will work best for you?

You need to choose the business structure that best suits your requirements, taking into account your products or services, personal liability, and taxation.

You have the option of forming a Società a Responsabilità Limitata, also known as a S.R.L. (similar to an American LLC), or a Società per Azioni, or S.p.A., if you want to incorporate a firm without taking on personal liability for the risks associated with the investment and business (similar to a Corporation).

The option you choose will depend on the amount of money you have available to invest, your tax situation, and the type of organization you want.
A S.P.A. works better for larger investments and a greater number of investors, where management can be entrusted to a professional who is not a member of the company.
A S.R.L. is best for shareholders who wish to personally maintain control of the management and who are not interested in going public.

Both of these legal structures have the benefit that, even if debts to commercial creditors are not paid in full, shareholders will only lose the money they invested in the company when it declares bankruptcy.
A share company or a limited liability company can also be established by a single individual.

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