News – Law Firm Mazza

26 October 2019

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Administrative, Urban Planning, Strategic Relevance of the Overall Public Works Project, TAR Molise 06 June 2019 Judgment n. 209

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Strategic relevance of the overall public work project and consequent need to submit it to administrative procedures in environmental matters Environment - Strategic environmental assessment - Public work - Strategic relevance for urban mobility - Public utility declaration - Master Plan - Variant - Omitted strategic environmental assessment - Illegitimacy. Environment - Strategic environmental assessment - Public works - Strategic relevance for urban mobility - Declaration of public utility - Verification procedure of being subject to environmental impact assessment - Limited to part of the work - Illegitimacy Pursuant to the articles 5 and 6 of Legislative Decree n. 152/2006, must be submitted...

26 October 2019

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Financial, Companies, Crowdfunding, SME Bonds, Consob

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Art. 100 - ter Tuf Consob Resolution n. 21110 of 10 October 2019 Amendments to Consob Regulation n. 18592 of 26 June 2013 on the collection of risk capital through online portals and subsequent amendments and additions (Crowdfunding Regulation) for the adaptation to the changes introduced by the 2019 budget law Crowdfunding: the bonds of SMEs are also admitted to the offer, Consob amends the Regulations to extend the operation of the portals The sources of financing for small and medium enterprises (SMEs) are widening. In fact, crowdfunding portals will no longer be able to offer capital securities only, such as shares or quotas, but...

21 October 2019

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Financial, Companies, Italian Bond Markets, ExtraMOT PRO³, Borsa Italiana

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Launch of EXTRAMOT PRO³ the new bond segment of Borsa Italiana dedicated to SMEs ExtraMOT PRO3 was presented on the Italian Stock Exchange, the bond segment for the growth of small and medium-sized companies and companies not listed on regulated markets and / or with an issue value of less than 50 million Euro, dedicated to the listing of bonds or securities of debt. ExtraMOT PRO3 represents a natural evolution of the already existing ExtraMOT PRO professional segment of Borsa Italiana and has the aim of increasing the visibility of the companies, accompanying them on a path of development and approach to...

11 October 2019

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Administrative, Configurability of joint public control in companies owned by a number of public administrations, Anac

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Resolution number 859 of 25 September 2019 Configurability of joint public control in companies owned by a number of public administrations for the purpose of initiating the supervisory procedure for the application of the law on the prevention of corruption and transparency pursuant to Law 190/2012 and Legislative Decree 33/2013. Normative references: art. 2-bis, co. 2, lett. b) of Legislative Decree 33/2013; art. 2, co.1, lett. b) and m) of Legislative Decree 175/2016. Companies owned by several public administrations - joint public control. For the purposes of carrying out its supervisory activities with companies in which several administrations hold shares, the Authority considers majority...

09 October 2019

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Financial, Italian Financial Conglomerates, Consob

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Legislative Decree n. 142/2005 ("conglomerates decree") Bank of Italy, Ivass and Consob The list of Italian financial conglomerates as at 31 December 2018 was updated On the basis of the provisions of the Coordination Agreement signed on March 31, 2006, the Bank of Italy, Ivass and Consob updated the list of Italian financial conglomerates, that is to say those corporate groups that perform business to an extent significant in both the insurance and banking sectors and / or investment services. Supervision of financial conglomerates is exercised, pursuant to Legislative Decree no. 142/2005 ("conglomerates decree"), with the supplementary supervisory tools in addition to those...

28 September 2019

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Banking and Companies, Internationalization, Chinese Market

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From banks over 7 billion to support the commercial and financial operations of companies in the high potential sectors of the Chinese market Economic Forum held in Tianjin, on the occasion of the entrepreneurial mission dedicated to SMEs, organized by the Cassa depositi e prestiti (CDP), for the Italian part, and Bank of China (BoC), for the Chinese side, in coordination with the Ministry of Development Italian economic (MiSE) and the Chinese Ministry of Commerce (MOFCOM) and with the support of ABI, Confindustria and ICE Agency. The aims of the "five banks participating in the mission" are as follows: a) reinforce the support...

21 September 2019

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Banking and Companies, Funding & Capital Markets Forum,

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Banking and financial world and companies New paradigms of collaboration, increasingly stringent logics that impact on the capacities and methods of collection of banks and companies, recent regulatory changes: in the light of all this, the banking and financial world and companies must develop innovative models of relationship to do business, and govern it, within an increasingly complex scenery. Funding & Capital Markets Forum is the information and relationship space, promoted by the ABI which involves the Italian and international financial community and companies for a comparison and exchange of ideas, experiences, projects, success stories and innovation paths, for identify the actions...

10 September 2019

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Financial, revision of some provisions contained in the Regulation on markets, Consob

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Consob approved (resolution no. 21028 of 3 September 2019) an intervention to revise certain provisions contained in the Market Regulation adopted with resolution no. 20249 of December 28, 2017. The main changes made to the legislative text were subjected to a public consultation carried out in the period between 15 and 28 February last. The review activity concerned, in particular: (a) the regulation of the equity investments that can be held by the manager of the regulated market and the related disclosure obligations and (b) the due communications regarding the exemption for ancillary activity in commodity derivatives. With regard to point (a), that is the...

29 July 2019

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Financial, futures, swaps and any other derivative contract related to goods, Consob

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Consob informed ESMA, the European financial markets authority, of its willingness to comply with the guidelines issued on commodity derivatives falling under points 6 and 7 of section c of Annex I of the Mifid II directive (Notice of 25 July 2019). The guidelines update those adopted by ESMA in October 2015 to adapt them to the new regulatory framework without changing the substance. The Guidelines provide clarifications on the definition of certain financial instruments referred to in Annex I, Mifid II, fully incorporated in the Consolidated Law on Finance - Tuf and clarify in particular the scope and methods of application...

17 July 2019

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Business contracts, Sale, Guarantee action for defects, Court of Cassation, Section Un., Judgment n. 18672 of 11/07/2019

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Extrajudicial manifestations of will of the buyer expressed in the forms referred to in art. 1219, paragraph 1, of the Italian Civil Code - Interruption effectiveness of the prescription - Existence. The Sec. U., on a matter of general importance, have affirmed the following principle of law: "In the sale contract they constitute - pursuant to art. 2943, paragraph 4, of the Italian Civil Code - suitable interrupting acts of the prescription of the guarantee action for defects, provided by the art. 1495, paragraph 3 of the civil code, the extrajudicial manifestations of will of the buyer carried out in the...