Páginas

Legal Disclaimer

1. Company’s details

According to art.10 of Spanish Law 34/2002 of Services by Information and E-commerce Companies, we hereby communicate the company’s details:

COMMERCIAL NAME: FormaItalia Abogados y Economistas

COMPANY’S NAME: AGORA IURIS, S.L.

CIF: B-66312182

ADDRESS: Carrer Aribai, 168 – 1º, 1ª 08036, Barcelona (Spain).

PHONE NUMBER: 0034 93 181 0588

E-MAIL: info@formaitalia.es

 

Registered at the Registro Mercantil of Barcelona, bundle 44352, folio 118, page 453616.

Navigating this webpage attributes the condition of used and implies full and unreserved acceptance of each and every provision of this Legal Disclaimer, which may suffer modifications.

The used agrees to make a correct use of this webpage in accordance with the law, good faith, public order, normal uses and the present Legal Disclaim. The user shall answer against Agora Iuris or any other third parties for any damages caused as a consequence of breach of this obligation.

2. Intellectual Property

The source code, the graphic designs, the images, photographs, sounds, animations, software, texts, as well as all the information contained on the webpage www.formaitalia.es are protected by Spanish law regarding intellectual and industrial property rights, and are granted to Agora Iuris. The reproduction and/or total or partial publication of this website, and its distribution, modification, or any other rights granted to its owner, is forbidden without the express written consent of its owner.

The user can only use the information and material contained on the website for its personal and private use, being explicitly forbidden its use for commercial purposes or illegal activities. All rights under copyrights are reserved to Agora Iuris.

Agora Iuris will ensure compliance with the above conditions regarding the correct use of the information and material contained in its website, reserving its right to file all civil and or criminal actions against those who infringe or violate these rights.

3. Advertisement

1º Agora Iuris undertakes that it will not make misleading advertisement. To this end, it will not be considered as misleading advertisement any formal or numeric errors that may be found in the content of this website, produced as a consequence of managements or incomplete/partial actualization of the information contained. Agora Iuris, agrees to correct those mistakes as soon as it knows of their existence.

2º Agora Iuris undertakes that it will not submit commercial communications without its proper identification as such, according to Law 34/2002. To this end, it will not be considered as commercial communication all the information sent to Formaitalia’s clients, as long as its purpose is the maintenance of contractual relations with them, as well as the performance of information, formation and other activities related to the service the client has hired.

4. Website’s use

  1. Agora Iuris is not responsible for any infringement the user may commit when accessing the website and/or in its use of the information here contained.
  2. Agora Iuris is not responsible for any damages caused or may be caused, whichever its nature, derived from the use of the information and material here contained. The links and hypertexts that enable the user to access services offered by third parties, do not belong and aren’t under Agora Iuris’ control, which will not be responsible for the information thereby contained.
  3. Agora Iuris is not responsible for the illegal use which third parties may make of product names, brands and commercial brands which aren’t property of Agora Iuris nor this website. It will not be responsible for the integrity, veracity and legality of the links which may be accessible through www.formaitalia.es.
  4. Agora Iuris will not be responsible for the viruses that may have its origin in an infiltrated transmission by third parties (i.e. text processors, Java, Active X programs), generated in order to obtain negative results in any computer system.
  5. Consequently, the user is the sole responsible of the use it makes of the services, content, links and hyperlinks contained in this website.

5. Jurisdiction and applicable law

All controversies arising or connected to this website or the activities hereby performed, will be subject to Spanish Law. Only the Courts of Barcelona will be competent to deal with these controversies and conflicts.

Contact Us

LEGAL AND INTERNATIONALIZATION CONSULTING:

Via Castel Morrone, 24
20129 Milano
Tel:+39 02 367 098 89

TAX ASSISTANCE:

Via Giacomo Soldati, 12
20154 MILANO
Tel: +39 02 367 098 89

Contact us as well through e-mail: info@formaitalia.es

.

Or fill in this form:

NOTE: Data supplied voluntarily in the contact form will be included in a file of personal data and will be used in order to manage customer information request. In accordance with current legislation regarding the protection of personal data, collected on a mandatory basis only the essential data to provide the customer service and all the technical and organizational measures to ensure the security and integrity are assumed data.

Successful Cases

Case problematic:

A company with presence in over 70 countries wanted to invest in Italy. The company’s business plan foresaw the entry to the Italian market through biddings with the Public Administration. However, until 2007, the company was not able to access those business opportunities since it presented itself as a non-Italian legal person.

 

Our solution:

Create a SRL in Italy and facilitate a headquarters in Milan, at one of our offices. In order to access the bidding, we provided taxation consultancy and handled the paperwork. We made available our staff to resolve issues with the various entities of the Public Administration. Thanks to this proceeding, the company was able to overcome the several administrative barriers and access the Italian market.

Case problematic:

A company from this sector had been commercializing in Italy for over 15 years, throughout a network of commercial agents in different geographic areas. However, the level of sales had experienced an increase, and the agents were unable to satisfy the demand and post-sale services any longer.

 

Our solution:

Create a SRL with headquarters in the country, in order to gain the market’s trust. Assist the new SRL with taxation advisory, and change the business plan. Find a capable Country Manager, in charge of the company’s representation and management, collaborating with agents and distributors in order to face the increased volume of sales.

Case problematic:

A multinational company from this sector had been operating in the Italian market with its own SRL for a period of time. It had as a client a very important insurance entity, with over 50 employees. However, it only had this company, which did not allow optimizing its resources.

 

Our solution:

Collaborate with the Commercial Department in order to increase the number of clients, from 1 to 5 in only 18 months. In order to optimize the resources, it reduced the staff by 39% and incremented the billing by 12%. We handled the company’s HHRR and taxation, in order to reduce the parent company’s costs.

Case problematic:

Given the business opportunities, a company decided to start exportation to Italy. However, it did not have a clear business plan in order to exploit all the market possibilities.

Our solution:

Elaborate a business plan taking into account the client’s needs and the geographical and product market. The best choice was to create a network of agents. In this regard, we drafted all the agency contracts, according to the applicable legislation on the matter.

BRANCH

This legal form allows non-resident companies to exercise their economic activity and hire resident workers through its newly created branch

VALUE AND FUNCTIONS:

  • Establishment of a steady business headquarters in Italy.
  • Capacity to concluded businesses on behalf of the parent company.
  • No limitations regarding taxes and employment.

BASIC CHARACTERISTICS:

  • It may have its own internal organization.
  • No need to disburse capital stock.
  • It can use and dispose of assets.
  • All transactions and risks are at the parent company’s expense.
  • Requires the application of “Partita IVA”.

PROCEDURE OF ESTABLISHMENT:

Acts before constitution:

  • Application of Codice Fiscale and Partita IVA.
  • Constitutive act and Statutes of parent company are needed.
  • Establishment of a headquarters (temporary or permanent).
  • Legalization of documents by notary.

Registration:

  • Registration of the Stabile Organizzazione at the Italian Chamber of Commerce.
  • Obtainment of PEC (Certificate for electronic mailing), according to Italian legislation.
  • Opening of “internet banking”, necessary for the reverse charge tax procedure.
  • Obtainment of “smart card”, in order to declare the beginning of activity within 30 days.
  • Legalization of social books by notary, according to Italian legislation

Fiscal and Tax assistance:

  • Management of services with the “Agenzia dell’Entrate”, such as the application of Codice Fiscale and Partita IVA.
  • Fiscal and tax consultancy regarding the company’s accounting.
  • Assistance in the declaration of Italian taxes.

Accounting assistance:

  • Management of general accounting.
  • Management of the social books.
  • Registration and declaration of VAT.
  • Declaration of direct taxes.

Labor law assistance:

  • Hiring and firing of workers.
  • Monthly payroll processing.
  • Complying with monthly fiscal obligations, according to Italian legislation.

.

Italian Limited Company

A legal form that offers better competitiveness in the market. This form allows a continued development in the market, with no restrictions or obstacles.

VALUE AND FUNCTIONS:

  • Offers continuity, perfect to establish your business in the market.
  • No restrictions or obstacles to obtain all the benefits from the chosen business sector.
  • Given its continuous nature, it offers credibility to providers and clients.
  • Commercial flexibility and autonomy for SMEs.
  • Doesn’t imply loss of parental control.

BASIC CHARACTERISTICS:

  • Only the company responds of the company’s debts.
  • Minimum capital stock of 10,000 euros (€), which can be divided among shareholders in different quotas.
  • When establishing the company in Italy, it’s only necessary to disburse 25% of that capital.
  • The constitutive act may be unilateral or statutory, always through public act by notary.
  • The decision-making body may be a Sole Administrator or a Board of Directors.

PROCEDURE OF ESTABLISHMENT:

Steps before constitution:

  • Establishing a name for your new company.
  • Contacting the company’s bank in Italy.
  • Assigning a headquarters (permanent or provisional)
  • Writing of the constitutive act according to Italian legislation: name, headquarters, company’s activity, initial social capital, shareholders and quotas, decision-making body.
  • Application of “Codice Fiscale” for administrators and “Partita IVA” for the new company.
  • Contacting a notary

Constitutive Act:

  • Assistance in the signing of the public act in Italy with a lawyer and “commercialista” (economist), to answer questions and make in-situ modifications.

Registration:

  • Registration of the new company at the corresponding “Camera di Commercio” (Chamber of Commerce).
  • Obtaining the PEC (Certificate for electronic mail), according to Italian Legislation.
  • Obtainment of “smart card”, in order to declare the beginning of activity within 30 days.
  • Legalization of social books by notary, according to Italian legislation.
  • Opening of headquarters.

Fiscal and Tax assistance:

  • Management of services with the “Agenzia dell’Entrate”, such as the application of Codice Fiscale and Partita IVA.
  • Fiscal and tax consultancy regarding the company’s accounting.
  • Assistance in the declaration of Italian taxes.

Accounting assistance:

  • Management of general accounting.
  • Management of the social books.
  • Registration and declaration of VAT.
  • Declaration of direct taxes.

Labor law assistance:

  • Hiring and firing of workers.
  • Monthly payroll processing
  • Complying with monthly fiscal obligations, according to Italian legislation.