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We provide legal advice and assistance in: corporate documents, relations with financial and business consultants, directors’ responsibilities, proposals to creditors, negotiation and conclusion of agreements on transfers of business, holdings and real estates, use of CIG and other implications of labor relations. Moreover, our firm assists its clients with legal issues concerning the certification of recovery plans as per art. 67 – insolvency law, the drafting of requests and appeals for restructuring agreements as per art. 182 bis (and relevant oppostions) and the preparation of the acts and the study of all the issues preliminary to the request of arrangement with creditors (organization of classes of creditors, corporate lease, so called “group agreements”), up to the final arrangement.
If it is not possible to recover or restructure the firm in order to avoid the insolvency status pursuant to the Italian bankruptcy law, Centro Studi Ameco provides for legal assistance on behalf of creditors and possible buyers of assets or firms as part of insolvency procedures (i.e. bankruptcy, concerning large firms in crisis), interacting with the competent authorities as well.
Centro Studi Ameco also verifies your loans, since banks and financial institutions must give back interests. As a matter of fact, the Italian Cassation Court (President Mr. Carnevale, Rapporteur Mr. Didone), by its judgment Nr. 350/2013 of 9th January, not only allows for the total recovery of the interests paid on loans, leasing and financing, when rates or penalties exceed the exorbitant interest rate thresholds, but it also recently ruled that mortgages can be cancelled if they exceed the exorbitant interest rate threshold, thus benefiting from the possibilities offered by Law Nr. 108/96, among which there is the return of all the sums given in accordance with Art. 1815, also mentioned in Art. Nr. 644 of the Italian Criminal Code and in Art. 4 Law 108/96, which in short provide for the invalidity of the contractual clause.