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