Il Nuovo Diritto delle SocietàISSN 2039-6880
G. Giappichelli Editore

indietro

stampa articolo leggi articolo leggi fascicolo


The Proposal for a Directive on Single-Member Private Limited Liability Company from the Italian Perspective (di Rolandino Guidotti)


Company (Societas Unius Personae) from the Italian Perspective La relazione illustra le evoluzione del nostro ordinamento, dove per effetto di varie riforme, è divenuto più sempli “fare impresa”.

1. Introduction. – At the end of my speech last year on Close Companies in Italy and the European Private Company ([1]), I said that the Italian System, as a result of the last ten years of reforms, is now complete. This is true for all the capital company types, but in particular for the Italian Limited Liability Company because the discipline is very flexible. Following last year’s meeting, Italy made further progress towards competitiveness. Regarding establishment of a Company Limited by Shares (Italian Public Company), I would like to remind  you that this can now be created with corporate capital of not less than € 50.000.= , instead of € 120.000.=. From a different point of view, the “Doing Business 2015” of the World Bank continues to focus on regulations that affect domestic small and medium-size enterprises across ten 10 areas: starting a business; dealing with construction permits; getting electricity; registering property; getting credit; protecting minority investors; paying taxes; trading across borders; enforcing contracts and resolving insolvency. The latest “Doing Business Report”, published on October 29, 2014 ([2]) shows that Italy ([3]) has improved its performance concerning the “Starting a Business” indicators. Italy has risen 15 positions, going from 61th to 46th position (the same as the United States and one behind that of the United Kingdom). In this category Italy finds itself at 46th place with 91.22 points, in a very high level. As you know, the "Starting a Business" rank measures the number of procedures, time and costs for small and medium-size Limited Liability Companies to start up and formally operate. “Doing Business” measures the ease of starting a business in an economy by recording all procedures officially required or commonly done in practice by an entrepreneur to start up and formally operate an industrial or commercial business—as well as the time and costs required to complete these procedures. It also records the paid-in minimum capital that companies must deposit before registration (or within 3 months). Italy also improved its performance concerning: getting electricity, registering property, protecting minority investors, trading across borders and resolving insolvency. The most difficult areas for Italian entrepreneurs continue to be identified by the World Bank as: enforcing contracts, where Italy is at 147th place (the time frames of the Civil Justice System are very long); getting credit (89th place) and paying taxes. I said, last year, that the reasons - why we in Italy should have insisted on the introduction in the European System of the European Private Company ([4]) – were not so numerous, but they were important. One of these reasons was that in Italy we need an easy vehicle for trans-border business for small and medium-sized enterprises. One of the principal innovations of the Proposal [continua..]

» Per l'intero contenuto effettuare il login

inizio