IBC
Lex

Italian Business Connection

INTERNATIONAL CONTRACTS AND CORONAVIRUS FROM AN ITALIAN PERSPECTIVE

The COVID-19 coronavirus and emergency decisions from authorities in various countries…

VADEMECUM PER LA GESTIONE CONTRATTI INTERNAZIONALI DURANTE L’EMERGENZA CORONAVIRUS

Il coronavirus COVID-19 e le decisioni emergenziali delle autorità sanitarie di vari Paesi, tra cui la Cina e l’Italia, stanno…

Our mission is to provide professional and trusted legal services to:

  • Italian companies, expanding into international markets;
  • Foreign companies investing in Italy, dealing with Italian commercial counterparts or wishing to benefit from the huge potential of the Italian market.

We provide expert legal counsel mainly in the field of corporate and commercial law, also in combination with other consultants such as tax accountants, and deliver valuable services in a timely and cost-effective way.

 

Values And Approach

We recognize that businesses wishing to acquire or maintain a competitive advantage in today’s global market must have access to qualified, straight forward, honest, legal information and advice.

Therefore, we advice our clients keeping in mind exclusively their best interest, selecting the solution which is more beneficial to them at the minor cost.

We hold ourselves accountable to the highest standards by meeting our client’s needs precisely and completely. To this end, we strive to put in our clients’ shoes and communicate with each client in a clear, non formalist way, in order to bridge the gap due to different linguistic, technical, cultural backgrounds.

We value integrity, care for our work and for each other, humor, diligence, honesty and open-mindness.

To
improve
the campacity of the Italian companies to expand, export and grow in foreign markets

To
help
foreign companies to invest in Italy, to deal with Italian counterparts and benefit from the huge potential of the Italian market

If you have any legal problem in your business

We are available

Practice Areas

Commercial and Contract law, industrial (trademarks and patents) and intellectual property and antitrust law, European Union Law.

INTELLECTUAL PROPERTY

Negotiating and drafting of contracts dealing with trademarks, business secrets, patents and copyright. Assistance in the registration and in the opposition procedures before EUIPO. Enforcement of trademarks and IP rights.

INTERNATIONAL CONTRACTS

Agency, distribution, supply agreements, procurement and contracting. E-commerce. Implementing strategy for the internationalization of the companies.

TRADE FINANCE

Assistance in the negotiation of letters of credit, factoring, export credit and insurance.

DISPUTE RESOLUTION

DEBT COLLECTION, LITIGATION, MEDIATION AND ARBITRATION.

Avv. Mariangela Balestra 

LL.M. in European business Law

Born in Francavilla Fontana (BR), Italy, on May 26, 1975 and admitted to practice in Italy in 2003 (Bologna Bar Association). Mediator specialized in commercial and financial disputes.

PROFESSIONAL EXPERIENCE:

  • Founder of its own law firm, mediator and speaker in seminars organized by Italian chambers of commerce and trade associations on issues of international trade, international payments. She is also indicated in the list of attorneys, published by the French Embassy in Italy.
  • Formerly, senior lawyer in Bologna law firms practicing in the areas of international trade, arbitration, intellectual property law and antitrust
    (2005 – 2016)
  • Formerly employed by CONSOB, Italian authority for the control of the financial markets, Milan, 2003- 2005)

Education:

  • Intern with the EU Court of First Instance, Luxembourg, March – June 2001
  • University of Nijmegen, the Netherlands (Master LLM. in European Business Law, 2000)
  • University of Bologna (J.D. summa cum laude, 1999)

Languages:

Italian, English, French, Spanish.

Alexandra Oberschi

Oberschi Law firm, Bucarest

Avv. Paolo Zoli
Dott. Luca Sinibaldi

Tax accountant

Professional Highlights

01.

Providing a day to day assistance, also in house, to a leading Italian company in the luxury clothing sector, focusing in particular on commercial contracts, distribution, agency and licensing agreements.

02.

Assisting Italian and foreign companies in the machanical/electromechanical sector in connection with disputes, including litigation, arising from the termination of commercial collaboration and distribution agreements (particularly agency agreements).

03.

Assisting in legal proceeding before the European courts for the invalidation of trademarks conflicting with renowned trademarks and in legal proceedings for trademark infringment and unfair competition in Italy and in France.

04.

Assisting extra EU clients in connection with Epic contracts, negotiation and international arbitration.

Collecting a debt in Italy

After deadline for payment, the creditor should ask in writing the debtor to effect payment not later than 10 or 15 days from the receipt of the notice.

It is recommended to send a registered letter with return receipt request or a certified e-mail.

The collection of debt, in Italy, can take the form of an extragiudicial and/or a judicial procedure.
Here you will find out our general description of these procedures, assuming that the credito wants to recover the value of the unpaid commercial invoice/s from the debtor (which is a company).

Extra-judicial procedure
- Study of the case (i.e., information supplied by the creditor such as a copy of the invoices, commercial correspondence....) by an Italian attorney specialized in international business law.
- An Italian business report (optional) may be provided with, in order to ascertain if the debtor is still in business or has some assets.
IF: DEBTOR IS INSOLVENT
If the report shows that the debtor is definitely insolvent (i.e. has been wound up or has no reported assets), a final report is issued stating that the debt is uncollettible. This document may be used by the creditor to seek tax relief, according to tax laws of its State of origin.
IF: Lawyer’s out-of-Court notice
A Lawyer's out-of-Court notice is sent to the debtor, for the payment of the debt, interests and legal fees. Further steps may be carried out in order to reach the debtor and/or settle the case (i.e. by payments in instalments).
Payment
Payment is received by the client.
JUDICIAL PROCEDURE
A judicial request for an injunction ("decreto ingiuntivo") is filed by the Italian attorney, together with the proof of the credit. in about 15 days, the Italian judge will issue an order to the debtor to pay the credit, interests and legal fees. The debtor is also informed that, within 40 days of the date of notice, he/she is entitied to make objection. The injunction order is served to the debtor by the creditor.
if: objection by the debtor
The objection by the debtor determines the beginning of an ordinary judicial proceeding which can last, on average, 2 years.
However, at the first hearing, the judge may issue an order for interim payment at the request of the creditor.
IF: NO RESPONSE BY THE DEBTOR
At the request of the creditor's attorney, the injunction is declared definitely enforceable.
Generally, it is sent to the debtor with a new notice stating the new amount to pay, within 10 days, in order to avoid seizure of debtor's assets.
THEN: JUDICIAL ENFORCEMENT PROCEEDINGS
If the debtor does not pay, the enforcement proceeding may take the following forms:
- seizure and sale of movable assets
- seizure of asset held/receivables payable by third parties to the debtor
- seizure of moto or autovehicles owned by the debtor (registered in the Italian public register)
- seizure of real estate properties
Payment
Payment is received by the client.

INTERNATIONAL NETWORK

We are well connected with qualified law firms in Italy and abroad mainly located in France, Belgium, Spain, Romania, USA, Russia, Belgium, Chiuna, UK, Slovenia, Paraguay.

LATEST NEWS

ARE YOU HAVING ANY PROBLEMS BUT CAN’T CONSULT TO ANYONE?
need help?

Where we are

Address:

Via Clavature 18

40124, Bologna (BO)

Italy

Phone:  +39 0519860715

Mobile: +39 3479162451

Working hours:

Monday-Friday: 9:00 – 18:00

Saturday: 11:00 – 17:00

Sunday: Closed

CONTACT US

    By continuing to use the site, you agree to the use of cookies. more information

    The cookie settings on this website are set to "allow cookies" to give you the best browsing experience possible. If you continue to use this website without changing your cookie settings or you click "Accept" below then you are consenting to this.

    Close