Italy has so much more to offer than wine, pasta and opera music. As a nation with a strong trading tradition, Italy ranks both in export and import. Main commodities are machinery of all kinds, chemical products, motor vehicles and accessories, food as well as textiles and clothing. Italy’s most important trading partner is Germany, followed by France, USA, China, the Netherlands, Spain and Belgium. A country in central Europe, with wide-ranging economic relations. However, business owners who want to do business in Italy successfully should be familiar with the legal peculiarities and in international aspects in addition to the corporate culture.
What are the most important legal considerations when doing business with Italy?
How should the international agreement be designed? Does it make sense to agree on the law of one’s home country? In fact, for sellers at least, agreeing on the still largely unknown CISG is often much more advantageous, as it strengthens their position. What options are available to secure a claim when doing business with Italy? For example, the option to retain title is structured quite differently in Italy than in Germany, and many business people are not aware that retention of title must be registered or documented with a ‘data certa’ to be effective and insolvency-proof.
Even if included in general terms and conditions in an international contract caution is required – a simple reference, as in the case of a nation contract, is often inadequate. When employing commercial agents in Italy, special provisions must be observed; for example, the commercial agent must be registered with ENASARCO, a special social benefits insurance. Is it advisable to establish a company – and which legal form should it have? If a foreign company employs only employees in Italy, it runs the risk of being classified as a concealed permanent establishment with significant tax implication and, under certain circumstances, even criminal consequences.
And how do I hire employees in Italy? Should the law of the foreign employee be agreed, and does it make sense? But even for private individuals, advice specifically with regard to Italy may be necessary – not only if they plan to buy a holiday cottage in Tuscany or Puglia, but also when this same cottage forms part of a deceased estate and is to be devolved to the heirs.
International legal consulting – Italy
dmp Rechtsanwälte has been assisting companies and private individuals in all international transactions involving Italian law for over 20 years. Our focus is on commercial and insolvency law, as well as on general civil law, real estate and succession law.
Irrespective of whether it concerns the drafting of contracts, sale of products or services, the establishment of branch offices or companies or legal proceedings in and out-of-court. With their lawyers and tax consultants, dmp Rechtsanwälte provides the necessary conditions to advise their clients in virtually all aspects of international business concerning Italy.
In any situation for (international) labour law, corporate law, commercial and distribution law or bankruptcy law also often related issues of complex national and international tax law can be optimally solved by our specialists.
Special technical and linguistic skills of our lawyers
You can contact our specialists in Italian business law at our offices in Milan, Dusseldorf, Berlin and Warsaw. Our lawyers and tax consultants who work there not only have in-depth knowledge of Italian law, but also extensive professional knowledge of German and international law and relevant professional experience. Due to their intercultural skills they are particularly well equipped to address the specific interests and concerns of their international clients. The international expertise of our lawyers and tax consultants is rounded out with language skills in German, Italian, English, Spanish and French, evidenced through in part lengthy stays abroad and additional qualifications, such as translators diplomas.
The smooth cooperation of our offices in Italy and Germany is an important factor in addressing and resolving the complex issues of international commerce. Maintaining our own law offices in various countries helps us reduce unnecessary travel expenses for our lawyers and tax consultants. In addition, dmp Rechtsanwälte is a member of the international law and tax advice networks, DIRO and WIRAS. In this way, we are able to provide competent advice to our clients throughout Europe. Our Milan office also provides advice via the DIRO BUSINESS network, a special initiative of DIRO AG for internationally oriented medium-sized companies, in cooperation with the business law firms associated there.