The firm specializes in the use of property protection instruments, such as capital funds, trusts, deeds of destination ex art. 2645-ter of the Italian civil code and company assets allocated for a specific activity, for which advice is given both in the initial constitution phase – also with reference to fiscal matters – and in case of disputes, if any.
The firm, relying on a profound knowledge of the implementation and interpretation practices related to asset segregation, is able to offer legal and fiscal advice with reference to the following instruments:
Capital fund (art.167 and ff. Italian civil code): it is an instrument meant to protect family assets from the attack of credits outside the family needs. It is particularly useful when one of the spouses carries out a professional or entrepreneurial activity. Assistance is provided, in cooperation with high-level notary firms, to spouses wishing to create a capital fund, so as to guarantee that it is fully valid and in line with the clients’ requests.
Trust (law n.364, 16 October 1989): the trust is a multi-faceted instrument which might be applied in several different ways, both in a family context and in a business and company framework. It can be used in the case of judicial separation of spouses, to guarantee compliance with mutual obligations, or with succession purposes, especially in the case of business succession. Trusts may also be used in case of company liquidation or insolvency proceedings, in order to protect creditors in the framework of an agreement with creditors.
Deeds of destination for interests worthy of protection (art. 2645-ter civil code): these instruments, ex art. 2645-ter f the Italian civil code, are applied in contexts similar to those referred to in the section devoted to trusts. Furthermore, they can also be applied in other frameworks, such as the protection of the property of non marital cohabitants or for agreements in case of company crisis.
Company assets allocated for a specific activity (art.2447-bis and ff. Civil code): within companies, allocated assets are an essential tool to create property assets which might only be attacked for credits pertaining to obligations related to a specific activity, thus protecting both the activity itself for which the allocated asset is used – usually in a start-up phase – and the remaining assets of the company.
