Company
& Commercial
Scipione
Law Firm has expertise in many aspects of corporate law, acting for listed and
private companies, partnerships, sole traders and entrepreneurs.
In
corporate law we advise on:
-
Sale
and purchase of businesses, assets and shares
-
Capital
raising transactions
-
Banking
-
Commercial
litigation
-
European
Union competition law
-
Licensing,
franchising and agency agreements
-
Compliance
-
Corporate
re-organisations
-
Terms
and conditions of business
-
Shareholder
agreements and joint ventures
-
Syndacate
trust agreements
Trust
& probate litigation
Expertise
in litigation relating to trusts and the administration of estates, especially
in Italy, is rare, since it is far removed from normal High Court work and
requires both litigation skills and an understanding of trust law and
international property rights.
We
act for trustees, executors, settlors and beneficiaries.
Our
experience in this area includes advising on:
-
Construction,
variation and rectification of trusts and wills
-
Appointment
and removal of trustees and executors
-
Misapplication
of assets by trustees
-
Conflict
between beneficiaries following a death
-
Conflicting
claims of co-habitees
-
Conflict
of laws involving assets in different jurisdictions
Commercial
litigation
The
business world increasingly uses the courts to resolve commercial disputes.
Scipione law Firm offers a professional and practical approach, with an early
appraisal of the merits of the case and the commercial realities. We maximise
the interest of our clients, whether by litigating a case at trial or by
determining a dispute through negotiation and conciliation.
Litigation
involves a high degree of knowledge. We earn our clients' trust and confidence
by commitment to their objectives, by regard, and by involving the client in
discussing the issues and the proposed strategy for handling their case.
In
this matter we can brief our clients in case of:
-
Fraud
-
Professional
negligence
-
Emergency
remedies
-
Banking
-
Insolvency
and asset tracing
-
Tribunal
cases
-
Judicial
review
-
Property
disputes for commercial, agricultural and residential clients
-
Applications
for remedies under the Companies Act
-
Competition
law
Private
client, trust & tax
We
concentrate on the preservation and enhancement of clients' assets by advising
on estate and succession planning both in Italy and internationally. Often
this entails transferring assets from one generation to the next in a
structured way to minimise taxation and other risks. Notification of changes
in the law regarding trusts, probate, succession and taxation is a key feature
of our service to clients.
Our
practice includes advising on the following:
-
Estate,
tax and financial planning (advised by our internal and external consultants)
-
Succession
planning for individuals, landed estates and owner-managed companies
-
Italian
and international tax planning for residents and non-residents
-
Trust
formation and re-organisation in Italy and overseas
-
Executor
and trustee services including independent trusteeship for pension schemes
-
Advice
to private, pension and corporate trustees and beneficiaries
-
Management
and administration of trusts and estates
-
Trust
litigation including offshore trust disputes
-
International
and cross-border succession issues
-
Preparation
of wills
-
Advice
to executors and beneficiaries on probate and succession law
-
Variation
of estates
-
Probate
litigation
-
Court
of Protection work
-
Heritage
property including maintenance funds
Family
law & matrimonial
Whether
our clients are involved in the breakdown of a married or unmarried
relationship, or are considering a pre-marital agreement (in countries where
are possible), they need to know that they will be given clear and
constructive legal advice. A calm and positive approach helps to ensure that
the best solution is reached as soon as possible. Sometimes, such as in child
abduction cases, particularly urgent action is required involving close
liaison with foreign lawyers. Many cases involve complex financial issues.
In
this matter we can brief our clients in case of:
-
Separation
and divorce
-
Acting
as a mediator
-
Pre-nuptial
agreements
-
Jurisdiction
issues and forum shopping
-
Arrangements
for children: residence, contact and education
-
Enforcement
of foreign court orders
-
Separation
agreements
-
Financial
settlements including asset tracing
Corporate
finance & venture capital
Scipione
Law Firm has hig expertise in Italy on all types of corporate finance
transactions, including management buy-outs and management buy-ins, takeovers,
joint ventures and capital raising exercises. We have a strong network of
contacts in investor companies. Our specialists become involved at an early
stage, assisting our clients with the drafting of their business plans and
reviewing the feasibility of a transaction to ensure that the rewards outweigh
the risks.
Particular
areas of involvement include:
-
Appraisals
of target companies
-
Funding
-
Stock
Exchange and Takeover Code requirements
-
Circulars
to shareholders
-
Offer
letters and agreement of initial terms
-
Share
purchase agreements
-
Warranties
and indemnities
-
Tax
implications (with our high specialized advisers)
Insolvency
Scipione
Law firm has a largest practice in corporate insolvency, acting for major
practitioners from Italy and abroad on complex and challenging assignments. We
advise company directors on their rights and liabilities under the insolvency
legislation.
We
are frequently retained to advise on difficult or novel points of law or
practice, and in complicated tracing cases and frauds. In the constantly
developing and difficult area of international corporate insolvency we are
able to pool our resources with those of other professionals in many other
jurisdictions.
Particular
areas of involvement include:
-
Liquidations
-
Administrative
and other receiverships
-
Administrations
and voluntary arrangements
-
Tracing
of assets
-
Realisation
of assets
-
Disposal
of assets
-
Investigation
of directors' conduct
-
Reservation
of title
Property
& real estate
Scipione
Law Firm has practice in all aspects of the law relating to property and real
estate. Our practice embraces three distinct areas: agricultural property,
commercial property and residential property.
Commercial
property
We
recognise that a thorough appreciation of the core issues is of paramount
importance in any commercial property transaction. This is complemented by
knowledge of related areas such as Value Added Tax and environmental,
employment and charity law.
Our
handling of commercial property transactions is practical and business-like.
We devote considerable time and effort to gaining a full appreciation of our
clients' business objectives, and we liaise closely with our clients' other
professional advisers.
Areas
of expertise include:
-
Acquisition
and disposal of freehold and leasehold properties
-
Landlord
and tenant
-
Property
tax
-
Collateral
warranties
-
Duty
of care letters
-
Property
litigation
-
Representation
of receivers, administrators and liquidators
-
Secured
lending
-
Planning
applications, agreements and appeals
-
Construction
contracts
-
Property
aspects of corporate transactions
-
Environmental
law
Residential
property
Buying
or selling a flat or house is often not a simple matter and expert advice may
save expense now and in the future. We advise Italian and international
clients, helping them to structure their property transactions for optimum
tax-efficiency.
We
have particular expertise in:
-
The
purchase and sale of freeholds and leaseholds
-
Planning
and tax advice for overseas buyers of property in Italy
-
Secured
lending
-
Property
transfers caused by death or family breakdown
-
Leasehold
reform
-
Long
leases
-
Regaining
possession
-
Managing
and supervising residential investments
-
Short
term letting