Latest News
Generic filters

School, e-learning and privacy.

Tonucci & Partners contribution by Alessandro Vasta and Giulia Lorandi on Il, with the article “School, e-learning

Recapitalization pursuant to Article 2482 ter of the Italian Civil Code and exercise of the company’s action for liability of the directors of limited liability companies (s.r.l.).

The decision of the Court of Milan as of 10 October 2019 stated that no judicial proceeding against the directors can start or progress if the legal action has been enforced by a quota-holder who has waived to subscribe the capital increase approved by the quota-holders’ meeting pursuant to Article 2482 ter, paragraph 1, of the Italian Civil Code, since this results in the loss of the status of quota-holder of the company and, therefore, in the loss of the right to carry out legal actions against the directors in lieu of the company as its judicial substitute.