Cross Border Office Italy

Germany is Italy’s biggest trade partner, taking the number one spot for visible exports to the country, followed by France, China and the Netherlands. The traditionally strong links and extensive economic integration between the two countries means that advice on German-Italian legal matters is much in demand.

With a specialised team, tried and trusted networks in Italy and an office in Bologna, Schultze & Braun is ready to advise on a wide range of issues. Our lawyers have significant international experience, enabling them to develop effective solutions and provide legal advice on every aspect of cross-border trade with Italy – in German or Italian. Lawyers with dual registration in both Germany and Italy are available to represent clients in Italy – including on all matters of commercial law outside of restructuring.

Competencies

Insolvency advice

Schultze & Braun advises German shareholders and directors of distressed Italian companies. We focus in particular on the various proceedings aimed at enabling companies to overcome financial distress provided for in Italian insolvency law: in particular the composizione negoziata (restructuring settlement / restructuring plan), the piano attestato di risanamento (certified restructuring plan), the accordo di ristrutturazione dei debiti and the accordi di ristrutturazione agevolata e ad efficacia estesa (debt restructuring agreement), the convenzione di moratoria (deferral agreement), the piano di ristrutturazione omologato (court certified debt restructuring agreement) and concordato preventivo (Court driven composition with creditors proceedings).

Insolvency proceedings

Schultze & Braun represents the interests of banks and creditors in insolvency proceedings involving Italian companies. We assert insolvency claims and rights to segregation and separate satisfaction. One of our focus areas here is the insolvency of supplier companies.

Foreign equity holdings in an insolvency estate

We advise insolvency administrators and supervisors on insolvency debtors’ Italian holdings.

Cross-border commercial law

German-Italian commercial law issues

For almost two decades a focus of our legal practice has been on renewable energy projects (solar, wind, water, biomass) in Italy. We advise project developers, investors and finance parties in connection with developing, financing and sale and purchase of such projects. Our services include the preparation of project agreements (real estate, EPC, O&M, financing and securities) as well as buyer and seller due diligence reviews.

In addition, our broad practice includes general business and company law, in particular the following areas:

Advice to companies on opening branches or establishing subsidiaries in Italy
Ongoing corporate law consulting of branches and subsidiaries of foreign shareholders
Establishment as well as sale and acquisition of companies in Italy, including legal due diligence
Extraordinary corporate law transactions (mergers, demergers, transformations and dissolutions) and administration of liquidations
Sale and purchase of real estate (including potential financing agreements)
Compliance (Law 231/01)
Accounting, tax consulting and advice on employment law (including payroll accounting) via German-speaking cooperation partners
Distributor and agency agreements
Drafting other commercial agreements (work, services, rent, purchase and license agreements etc.) including the redaction of general terms and conditions
Redaction of agreements creating security interests or liens
Enforcement of security interests or liens
Representation before all Italian courts and arbitral tribunals for clients bringing or defending claims, particularly warranty and avoidance claims

Contact

Alessandro Honert
Avvocato (Attorney at law in Italy), Rechtsanwalt (Attorney at law in Germany)

More contact persons

Call +39 051 225166 Direct message

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