The author addresses the issue of inhouse companies, both before and after the recent Act discipling State owned cormpanies, as amended by the subsequent "corrective" decree. After dealing with the special nature which the Italian Supreme Court has attributed to them, the author criticaly addresses a number of amendments introduced by the delegated law makers, and he negatively envisages the structure of such inhouse companies as a company type with some degree of specialty. The author, then, examines a number of issue which involves, on one hand, the relationship between exercising "parallelal supervision' and the management. aud coordination rules under Lart. 2497 of the ItaIian civil code and, on the other hand, the introduction of private civil law mechanism aimet at enforcing said supervision, such as article of assoaiation amendments or shareholders' agreements. Finally, the author highlight that, notwithstanding the fact that they are subject to insolvency, inhouse companies are infact included in the Treasury's liability for financial losses, with a clear effect on civil liabilily actions and, last but not least, on the reintroduction of the so called "parallel jurisdictions", causing a significant degree of contraddiction and discord.
L'In House Providing identifica un modello societario? Antinomie e dissonanze dell'istituto dopo il decreto n. 175/2016
Marco Antonioli
Primo
2018
Abstract
The author addresses the issue of inhouse companies, both before and after the recent Act discipling State owned cormpanies, as amended by the subsequent "corrective" decree. After dealing with the special nature which the Italian Supreme Court has attributed to them, the author criticaly addresses a number of amendments introduced by the delegated law makers, and he negatively envisages the structure of such inhouse companies as a company type with some degree of specialty. The author, then, examines a number of issue which involves, on one hand, the relationship between exercising "parallelal supervision' and the management. aud coordination rules under Lart. 2497 of the ItaIian civil code and, on the other hand, the introduction of private civil law mechanism aimet at enforcing said supervision, such as article of assoaiation amendments or shareholders' agreements. Finally, the author highlight that, notwithstanding the fact that they are subject to insolvency, inhouse companies are infact included in the Treasury's liability for financial losses, with a clear effect on civil liabilily actions and, last but not least, on the reintroduction of the so called "parallel jurisdictions", causing a significant degree of contraddiction and discord.I documenti in SFERA sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
