Commercial and Corporate Law

Commercial & Corporate Law

Since 1954, we have been assisting companies and corporations in both out-of-court and in court litigation on major issues in the areas of corporate and commercial law.

Our work in the field of corporate and commercial law starts with offering consultancy on the choice of the best corporate structure, up to the handling of legal issues pertaining to the company's current business and governance issues.

We also regularly render legal assistance in the drafting and negotiation of commercial agreements (such as administration, agency, contracting, distribution, franchising, licensing and, more generally, sale and purchase agreements), as well as in the drafting of privacy policies.

In this area, our work ranges from consultancy services on specific contractual provisions to assisting in commercial transactions of a strategic nature.

We have developed a specialised expertise in banking affairs and provide legal assistance and advice, both contentious and non-contentious, in the management of disputes arising between clients and credit institutions in matters concerning the pathological aspects of banking relationships.

In particular, we specialise in:

Usury and Anatocism
Investments
Sureties
Interbank reporting in credit detection centres (Centrale Rischi, Crif, etc.);
Credit facilities and withdrawals in banking relations
Mortgages and Loans (cost verification and banking transparency)
Consumer Credit (transparency, revolving cards);
Leasing and Factoring contracts
Bank liability issues
Real estate execution procedures
Bankruptcy Procedures

Over the years, we have been pioneers in bringing actions for injunctions against banks and in litigating the most important events affecting savers (Cirio, Parmalat, Lehman Brothers and Banca Popolare di Vicenza cases).

We handle legal disputes concerning the application of the T.U.F. (Testo Unico Finanziario) and the T.U.B. (Testo Unico Bancario), with particular reference to

Financial Instruments and Derivatives (Swaps, Furutes, Bonds, etc.)

Litigation brought by savers and investors in relation to financial products:

Policies cd. Unit and Index Linked policies

Cases concerning unit-linked and index-linked life insurance policies

Bank liability

Activities of financial promoters

FAQ’s

Our experience and track record make us one of the leading banking and finance practices in Italy.
Our banking and finance team provides advice in relation to the full spectrum of financial issues, including
advising investment funds,
industrial clients,
banks and financial institutions with respect to
financing agreements,
syndicated loans,
guarantee agreements
financing transactions.

In addition, we assist in disputes concerning the above-mentioned issues, as well as those involving the liability of directors, auditors and general managers in addition to disputes between shareholders.

Contracts
Antitrust, unfair commercial practices and unfair competition
Intellectual property
Corporate law
Bankruptcy law
Art Law
Debt Collection and Enforcement
Copyright Law
Transport Law
Industrial Law
Conciliation, Mediation and Arbitration

We also draft and negotiate documentation, deliver opinions and devise sophisticated legal structures with respect to a wide variety of banking and financial transactions, such as domestic and international syndicated loan agreements, security packages, letters of credit, banker-customer relations/mis-selling claims

Other issues may include: To clarify

consumer credit disputes
disputes arising out of complex financial products and structures
fraud and asset tracing claims
private and retail banking disputes
real estate and asset finance disputes
regulatory enforcement actions and investigations

Bank loans and usury: What do you need to know…

Bank loans and Interest Rates; Lending of money at exorbitant interest rates.Bank usury advice: the expertise of lawyers experienced in usurious rates. We at Palmigiano e Associates have assisted and continue to diligently assist our clients (individual consumers and businesses) in banking disputes. To guarantee the best legal assistance, our team of experts in usurious rates, which to date is one of the most controversial issues in the banking sector. Usury as a crime, consists of interest rates that exceed the thresholds required for loans and financing established by the Bank of Italy. These maximum rates, or threshold rates, are set every three months with two values:

for the fixed-rate mortgage
for the variable-rate mortgage.

If these thresholds are in excess, the customer is entitled to a refund of interest. Think you need assistance or advice on usurious rates? Write to us or contact us, we will be happy to offer you a first free consultation. The expertise of the lawyers of the Palmigiano firm allows us to offer experienced and professional advice on usurious rates that extends throughout Italy. The main objective is to analyze any anomalies in relations with credit institutions in compliance and therefore to assist companies and individuals who legitimately intend to take action to have the interest illegally retained by the bank returned.

Verifying that the usury threshold rate has been exceeded is a fairly complicated operation for those unfamiliar with the subject. Precisely for this reason it is necessary to immediately rely on experts in the sector such as the lawyers specialized in usurious rates of the Palmigiano Law Firm, with proven experience in banking matters, who will be able to analyze the existence of the conditions for the legitimate request for restitution of the compound interest and / or usurious interests. The Palmigiano Law Firm therefore proceeds in a first phase with the verification of the current account and contracts, also with the help of a technician. If the data shows that the customer has been the victim of usury, the firm initiates an action against the bank. First of all, a formal complaint must be filed. In some cases, the Palmigiano firm prepares an appeal to the banking and financial Arbitrator within 12 months of filing the complaint. In others, after attempting mediation (required by law), the firm initiates a lawsuit.

The lawyers in usurious rates of the Palmigiano Law Firm therefore provide judicial assistance and advice to businesses and consumers through the examination of the contracts prepared by the credit institutions, for the verification of timely compliance with the regulations on banking transparency (art. 15 and following of Legislative Decree no. 385/1993). In particular, the lawyers expert in usurious rates deal with judicial litigation before the ordinary authorities, the arbitration and mediation bodies, the banking and financial conciliator.