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Board of Auditors Liable for the lacking assessment of macro violations.

By the order no. 16314 entered on 3 July 2017, the Court of Cassation has taken position on the Board of Auditors’ liability. The Court decided that the statutory Auditors may be held legally liable if they had not assessed a macro violation made by directors or they had not reacted as per provision of law to company’s acts of doubtful legitimacy.

Appeal without digital signature: the deed is null.

The Cassation Court, by the order no. 14338 issued on 13 June, 2017 has decided on the topic of on-line civil trial. It has particularly approved that the  lack of lawyer’s digital signature on the deed of Appeal made the deed null and void, not being relevant the fact that the Appellate’s lawyers filed with the Court their Appeal defense deed.

Closing company: shareholders’ limits to the succession of debts.

The Court of Appeal with the judgment no. 15474 published on 22 June, 2017, has examined again the issue of the shareholders’ succession for debts in liquidated company. The Court has stated that shareholders  can only be held liable if they have received sums as a consequence of the final balance liquidation, and in the limit of the sum received.

Interim measures: hosting provider responsibilities are irrelevant.

By the order no. 4186 published on 13 June, 2017, the Court of Milan has decided on the topic of hosting provider (a provider that makes a server available to upload internet sites on the web) and has stated that the limits to the liability provided for by the Legislative Decree no. 70/2003 do not prevent the judge from taking interim measures against the Hosting provider in order to stop web crimes.