The name of the company must contain the name of at least one of the partners and a statement that it is an unlimited partnership. – application of enterprise agreements (Article 206 LSC). Finally, it should be stressed that the strengthened legal majority can be determined by the approval of members without unanimity. Members are indefinitely responsible for corporate obligations and there can be no agreement to the contrary. When requesting the repayment of debts owed by the company, creditors must first apply them to the company before addressing the members. Unlimited partnership is governed by bankruptcy law and the simultaneous bankruptcy of all shareholders. – Knowledge of this information could have changed the importance of the agreement. The reform introduced by Law 31/2014 limits the right to information. It is no longer conceived as an absolute right and the causes that may involve enterprise agreements are limited.
The limited companies create a strengthened legal majority for structural agreements (Article 199 LSC). – limitation of responsibility: majority of votes required in the statutes for the adoption of management contracts (s. 245 LSC). – Partners can ask a notary to prepare the minutes of the general meeting. In this case, agreements are only effective if they are recorded in the protocol (Article 203 LSC). There is no procedure for challenging enterprise agreements, but it allows the partner or shareholder to initiate another procedure, based on Article 197 LSC. Legislative and/or structural changes are extraordinary agreements that affect the structure or statutes of society. They must be adopted by a clear majority, which strengthens the decision-making power of partners or shareholders, with a higher value for decisions. With regard to active legitimacy, a general rule is established for members who hold a 1% stake, unless the agreements are contrary to public policy, which can be challenged by each partner.
If the information is a party to the company, it may be refused, unless it is represented at 25% in the share capital, in which case it cannot be refused (Article 196 LSC). 1.1 Challenge to agreements to with the refusal of information requested prior to the meeting. – the implementation of the agreements of the board of directors, directors and partners (Article 251 LSC). In short, a representative can only carry out an advertising activity, not commercial activities (production, sale or services), and its director is not entitled to decide or bind the foreign company. Corporations [Sociedades Anénimas]: adoption of agreements by simple majority (Article 201 LSC). Italy offers a wide range of legal forms for the creation of companies that depend on the company`s organizational model, its business objectives, the amount of capital to be committed, the extent of the responsibility of the founders as well as the tax and accounting impact. Limited shareholders may not conduct administrative acts or negotiate or do business on behalf of the partnership, unless a specific authority is conferred for certain activities.