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The New Italian Almost Capital-less Private Companies: A Brand New Tile in the Mosaic

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  • Bartolacelli Alessio

    (By Alessio Bartolacelli Ph.D., Senior Lecturer of Business Law at the University of Macerata (Italy). The present work has been developed when the author was TRENTINO & Marie Curie Fellow, Research Fellow at the University of Trento (I) and guest researcher at the Europäisches EWIV-Informationszentrum bei LIBERTAS - Europäisches Institut GmbH (Rangendingen - D), and updated as a Research Assistant at the Alma Mater Studiorum – University of Bologna. This article - part of a wider research project about private companies with reduced legal capital as members of an EEIG - is an output of the project “GEIE/GECT-TN”, co-funded by the Autonomous Province of Trento (I) and the EU Marie Curie Action - FP7.Italy)

Abstract

This paper aims at giving basic information about the recent amendments in Italian private company law in particular, the “new” simplified s.r.l. and the ordinary s.r.l. with a capital under the minimum threshold are considered, along with innovative startups and SMEs. In spite of lowering the starting legal capital required for a company’s constitution, the running legal capital set at 10,000 Euro seems to be still in force, and the overall situation does not seem to imply a race to the bottom against creditors’ stakes, as will be underlined in the conclusion.

Suggested Citation

  • Bartolacelli Alessio, 2016. "The New Italian Almost Capital-less Private Companies: A Brand New Tile in the Mosaic," European Company and Financial Law Review, De Gruyter, vol. 13(4), pages 665-707, December.
    • Handle: RePEc:bpj:eucflr:v:13:y:2016:i:4:p:665-707:n:5
    DOI: 10.1515/ecfr-2016-5009
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