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Breach of the shareholders’ agreement: which jurisdiction when the company is based abroad?

According to a recent judgement of the Italian Corte di Cassazione, the dispute arising from the breach of the shareholders’ agreement by the Italian shareholder is subject to the Italian jurisdiction even when the registered office of the company is located abroad, under the rule of the defendant’s domicile.

The applicability of the Business Judgement Rule to directors’ organisational choices

According to the Court of Rome, the application tout court of the Business Judgement Rule may not be sufficient to exclude the directors’ liability in case of breach of the their duty to provide the company with an adequate organisational structure according to Italian Law.

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