Recently the Italian Supreme Court with its judgement specified that for a power of attorney which is granted abroad, the Notary will be required to personally identify the person who physically signs the document.
The Supreme Court, with its sentence n.10854/2019, has established when a judicial act is served on the company’s operative site is valid when such is different to that of the Headquarters.
In the event of a dispute, however, the notifying party bears the burden of proving that the place where the legal notice has been served is the actual place where the administrative and management activities are carried out.
The European Parliament and Council Directive 2019/1151 of 20 June 2019 introduced to corporate law important changes in the use of digital tools and processes. The Directive requires Member States to implement, by 1st August 2021, procedures enabling the entire process online for the registration of new companies and/or branches. The purpose of such implementations is to facilitate and to reduce administrative costs associated with the incorporation of companies and the registration of their branches, in particular for micro, small and medium-sized companies.