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Special Companies, Public Economic Bodies, Contracts, Form, Judgment in the United Sections, Court of Cassation, III Civ. Section, Order n. 3566 of 14/02/2018

Question referred to the judgment of the United Sections Establishing whether the contractual will of special companies owned by the State or public bodies must (or not) necessarily be written down is a matter of particular importance. - Special companies (defined as independent business structures with respect to the advertising organization) of local authorities are public economic bodies subject to public law rules as regards their internal organization and to private law regulations regarding the economic activity from the same outstanding. Reforming the first sentence, the Court of Appeal rejected the opposition basing on the jurisprudence of the United Sections of this Court...

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Company Law, Banking, Corporate Mergers, Current Account Remittances, Bank account balance pledge, Court of Cassation, I Civ. Sec., Order n. 5481 of 07/03/2018

Current account repayments, mergers between companies, irregular pledges or regular pledges. In terms of fusion, as stated among the last ones in the pronunciation 1376/2016, referring to the pronunciation of the Sec. 19698/2010, regarding the merger, art. 2504 bis of the Italian Civil Code, introduced by the reform of company law (Legislative Decree No. 6 of 2003), has an innovative and non-interpretive nature and, therefore, the principle, which can be deduced from it, whereby the merger between companies results in an affair merely evolving - modifying the same legal entity, which retains its identity, even in a new organizational structure, does not...

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Company Law, Banking, Trust Company, Bank Escrow, Escrow Agreement, Court of Cassation, I Civ. Sec., Order n. 7364 of 23/03/2018

Injunction of payment to the fiduciary company, principal debtor, and to guarantors. On the basis of the application the bank placed a provisional contract and the guarantees issued; the loans granted were requested based on the existence of an escrow agreement set up at a foreign bank with trust funds; escrow agreement non-existent; conferment of the management of the escrow agreement in fiduciary administration. Source Supreme Court of Cassation...

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Financial, Stock Exchange, Telematic systems on ETFPlus, Return of equity, bond or commodity indices, Trading record on ETFPlus in the first quarter of 2018

Historical record of turnover traded per quarter: € 31.22 billion - Historical record of exchanges for each session on 6 February: 53,649 contracts for a total countervalue of 1.58 billion euros - Historical value record exchanged with RFQ functionality in March alone, with € 727.7 million Also the beginning of 2018 sees Borsa Italiana a leader in Europe for contracts traded on telematic systems on ETFPlus. Since the beginning of the year, 66 new instruments have been listed on ETFplus, of which 63 ETFs and 3 open funds for a total of 1250 instruments available on the market at the end of March. This first...

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Administrative, Transportation, Tpl Resources: MIT’s notice addressed to cities to present projects

Normative reference Law 27.12.2017, n.205, to the art. 1 paragraph 1072, which refinanced the Investment Fund, established pursuant to Law 11.12.2016, n. 232, art.1 paragraph 140. Therefore, additional resources have been made available for the sector of mass rapid transport systems to fixed installations. Published the indications to Metropolitan cities and Municipalities to contribute to the resources of the 2018 Budget The notice addressed to Metropolitan Cities and Municipalities has been published to present projects for rapid mass transportation systems, which contribute to obtaining the resources envisaged by the Investment Facility just refinanced by the Budget Law 2018. The aim of the notice is to...

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Administrative, Procurement Code, from April 18 mandatory the Single European Competition Document (DGUE) in electronic format

The novelty introduced pursuant to art. 85, paragraph 1, of the Code of public contracts For tender procedures announced as of 18 April, the contracting stations will prepare and accept the DGUE in electronic format according to the provisions of the Prime Ministerial Decree of 13 November 2014 Starting on 18 April, the Single European Competition Document (DGUE) will have to be made available exclusively in electronic form, in compliance with the provisions of the Public Procurement Code (Article 85, paragraph 1). For tender procedures announced as of 18 April, the contracting stations will prepare and accept the DGUE in electronic format according...

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Administrative, Building, Free Building Activities, Main Works that can be carried out without any Qualifying Title, Decree 2 March 2018, Ministry of Infrastructures and Transport in agreement with the Ministry for Simplification and Public Administration

Waiting for the completion of the Single Glossary With the Decree of 2 March 2018 of the Ministry of Infrastructures and Transport in agreement with the Ministry for Simplification and Public Administration, Given the decree of the President of the Republic 6 June 2001, n. 380, on the "Consolidation Act of the laws and regulations on building (text A)" and subsequent amendments and, in particular, art. 6; Given the legislative decree 25 November 2016, n. 222, on "Identification of procedures subject to authorization, Certified reporting of the start of activities (SCIA), silent consent and communication and definition of the administrative arrangements applicable...

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Administrative, Contracts of the Public Administration, Availment, Content, Identification, Cons. St., sect. III, 04 April 2018 n. 2102

Determinability or possibility of reconstructing the commitments undertaken by the auxiliary company, by means of an overall reading of the avail- ability contract In terms of availing, the commitments made by the auxiliary company, in order to corroborate on a substantial level the loan of the requirement (and avoid that it is reduced to a declaration of commitment purely formal and unsuitable to guarantee the contracting station in terms of soundness financial condition of the auxiliary competitor), must be, if not determined, at least determinable, or reconstructable through an overall reading of the contract of availment (1). Clarified the Section - in...

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Banking and Financial, Italian Bond Markets, Italian and International Investors, Star Conference, Meeting with 67 Companies

270 investors present at the Conference representing 170 investment funds - Over 2500 meetings required - 270 investors present representing 170 investment funds for 65% foreign Launch of the 17th edition of the STAR Conference, the annual event dedicated to the meeting with Italian and international investors. Today and tomorrow 67 companies listed on the STAR segment will be the protagonists of the over 2500 meetings requested, with an average of 39 meetings per company. 270 investors representing 170 investment funds are present at the Conference, of which 35% are domestic and 65% foreign (Italy 35%, France 14%, Switzerland 13%, UK 13%, Germany 5%, Spain...

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