Are you about to start a company?
If you are planning to start a corporation, don't improvise, turn to us!
Papi Notary Firm Notary in Rome
Opening and starting a company is a step to take with correct information and safeguards. To be on the safe side, the support of a notary's firm is absolutely necessary; Get in touch with us!
Parties wishing to start a company must enter a contract: the company contract (the so-called deed of incorporation), by which two or more persons contribute goods or services for the joint exercise of an economic activity for the purpose of dividing its profits. However, it is allowed under the legal system that the incorporation of a company can also be done by a single person by a unilateral act: for example, single-member joint-stock or limited liability company and incorporation of a new company as a result of a demerger, upon a resolution of the shareholders' meeting of the demerged company. In cases where the social contract results not from a document, but from the conduct of the partners, there will be a so-called de facto company: however, the absence of a formal document gives rise to difficulties, because nothing proves the existence of the company. However, the existence of a de facto corporation is not allowed.
What capacity is required to be able to sign a partnership agreement?
Individuals interested in becoming partners, whether they are individuals, corporations, associations, or, in general, entities, must be capable of acting, that is, of putting in place valid legal acts.
But can limited companies be partners in a partnership company?
This question was controversial until recently, but the legislation in force since January 1st, 2004, has resolved the issue affirmatively. The participation of other entities in the companies may also result in different solutions depending on the participating entity and the type of subsidiary company. Broadly speaking, any natural person who is eighteen years of age or older and a citizen of Italy or another EU country, may start a company. The participation of minors, including emancipated, incapacitated and disqualified persons, while generally possible, is subject to special authorizations. Particular prudence should also be shown where a person has been appointed a support administrator. In such case, precise reference will have to be made to the provisions of the decree appointing the administrator. The variety and multiplicity of situations that may thus arise depending on the type of company to set up, the circumstances that determine its incorporation -for example, the joint heirship of a company - and the nature and quality of the persons who intend to proceed with its incorporation, advise you to consult your trusted notary on a case-by-case basis to pinpoint the right course of action in the specific case. The participation of foreigners, non EU citizens, is allowed, within the limits provided for by the law. Again, it is highly advisable to consult your trusted notary on this matter.
Company assets and share capital
Contributions are the services that the partners undertake to provide under the partnership agreement. In essence, contributions constitute the contributions of members to the formation of the initial assets of the company. Their function is to provide the company with the initial capital to carry out its business activities. By means of contributions, each member allocates, for the duration of the company, part of their personal wealth to the common activity and exposes themself to business risk: precisely, the member runs the risk of receiving no compensation for the contribution made if the company does not make a profit, and runs the additional risk of losing, in whole or in part, the value of the contribution, if the company posts losses. The following entities may be the object of contribution: money, goods in kind (movable and immovable, tangible or intangible assets) whose ownership or right to use is transferred to the company, services, whether manual or intellectual, credits, companies. In short, any entity subject to economic valuation that the parties deem useful or necessary for the conduct of the common business activity, can constitute the object of contribution.
However, limits are established with regard to corporations and cooperative societies: the provision of labour or services, in particular, are directly assignable only in the limited liability company.
It is also appropriate to illustrate the notions of corporate assets and share capital, as they are related to the concept of contributions.
Corporate assets
The corporate assets are all legal relationships, assets and liabilities, pertaining to the company. It initially consists of all contributions made or promised by the members. During the life of the company, the company's assets undergo continuous changes in relation to the company's economic activity. Its size (assets and liabilities) is ascertained periodically through the annual preparation of financial statements. Equity is defined as the positive difference between assets and liabilities. In addition, the company's assets serve the function of a general guarantee for the company's creditors.
Share capital
Share capital is a numerical entity that expresses the cash value of contributions, as per valuation made in the company's articles of incorporation. Share capital 100 means that the members are under obligation to make (subscribed capital) and/or have made (paid-up capital) cash contributions or other entities that, at the time of entering into the partnership agreement, had such monetary value. The share capital remains unchanged during the life of the company until, by amendment of the articles of incorporation, it is decided to increase or reduce it.
The corporate object Those who form a company are driven by the purpose (the so-called intent purpose) of exercising, jointly with other entities, a certain type of economic activity. This activity constitutes the corporate object and must be specified in the articles of incorporation. It can be changed during the life of the company only by means of compliance with the rules governing changes in the articles of incorporation. It must be a productive activity, that is, an activity having patrimonial content, conducted with an economic method and aimed at the production or exchange of goods or services, while it cannot be limited to the mere enjoyment and management of goods because, otherwise, we will deal with a communion and not a company (with the exception of management companies). It is also essential, in order to have a company, that the productive activity be carried out jointly.
The joint exercise of an economic activity in the form of a company is aimed at making a profit (objective profit) to be subsequently divided among the partners (subjective profit). This is the so-called profit-making purpose or profit. Companies that pursue this purpose are called profit-making corporations (partnerships and limited companies). There are, however, other types of companies (cooperative companies) that by law must pursue a purpose other than profit, namely, a mutualistic purpose. Their typical purpose is to provide members with a direct financial benefit, which may consist, depending on the cooperative's field of activity, in cost savings or higher remuneration for the work performed by members in the cooperative.
If you are planning to start a corporation, don't improvise, turn to us!
What is a cookie and what is it used for?
In computing, HTTP cookies (more commonly referred to as web cookies, tracking cookies or simply cookies) are lines of text used to perform automatic authentication, session tracking and storage of specific information about users accessing the server, such as their favourite websites or, in the case of internet shopping, the contents of their 'shopping carts'. In practical and non-specialist terms, a cookie is a small file, stored on the computer by websites during browsing, which is used to save preferences and improve the performance of websites. This optimises the user's browsing experience. (Wikipedia)
Use of Cookies
The Site uses Cookies to make its services simple and efficient for the users who view its pages.
Users viewing the Site will see minimal amounts of information placed on their devices, whether computers or mobile devices, in small text files called "cookies" stored in directories used by the User's web browser.
By disabling cookies, some of our services may not function properly and some pages will not display properly.
There are different types of cookies, some to make your use of the Site more effective, others to enable certain features.
Looking at them in more detail, our cookies allow us to
TIPI DI COOKIE UTILIZZATI DAL NOSTRO SITO
Navigation cookies
These cookies enable the site to function properly, and are used to collect information about how visitors use the site. This information is used to compile reports and help us improve the site. The cookies collect information anonymously, including the number of visitors to the site, where visitors have come from and the pages they have visited.
Analytical cookies
These cookies are used, for example, by Google Analytics to produce statistical analysis of how users navigate the site using computers or mobile applications, the number of pages visited or the number of clicks made on a page while browsing a site.
Third-party cookies
These cookies are used by third party companies. The use of these cookies does not normally involve the processing of personal data. Third party cookies are derived from advertisements from other sites, such as advertisements on the website being viewed. They can be used to record the use of the website for marketing purposes.
How to change your cookie settings
The settings for managing or deactivating cookies may vary depending on the web browser used, so for more information on how to do this, we suggest that you consult your device manual or the "Help" function of your web browser.
Below we provide Users with links explaining how to manage or disable cookies for the most popular web browsers:
You can still delete cookies by using one of the many third-party 'cleaners', such as CCleaner.
Once cookies have been deleted, it is normal for the browser and the various websites to reappear with customisation requests: this is due to the cleaning performed.
Third-party cookies
Third-party cookies may be installed: these are analytical and profiling cookies from Google Analytics, Google Doubleclick and Facebook.
These cookies are sent from the websites of the aforementioned third parties external to our site. Third-party analytical cookies are used to collect information about user behaviour on the site. The collection is done anonymously in order to monitor the performance and improve the usability of the site. Third-party profiling cookies are used to create profiles of users in order to propose advertising messages, in line with the choices made by users.
The use of these cookies is governed by the rules laid down by the third parties themselves. Users are thus invited to read the privacy notices and the instructions for managing or disabling cookies published on the following web pages:
For Google Analytics cookies:
For Google Doubleclick cookies:
For Facebook cookies:
For further information
Per avere maggiori informazioni, richiedere l’elenco integrale dei diritti dell’interessato e per esercitare i diritti stabiliti dal Regolamento Europeo, potete scrivere al Titolare del trattamento, al seguente indirizzo e-mail vpapi@notaiopapi.it. Per saperne di più riguardo ai cookie leggete la normativa al seguente link
La presente informativa ha lo scopo di descrivere le modalità di gestione del sito in riferimento al trattamento dei dati personali dei visitatori che lo consultano e lo utilizzano per fare ordini/acquisti. Si tratta di un’informativa che è resa ai sensi dell’art. 13 del Regolamento Europeo n. 679/2016 (regolamento per la protezione dei dati personali negli stati membri) a coloro che si collegano al sito www.notaiopapi.it
I dati personali dell’utente, forniti allo Studio Notarile Papi a seguito della consultazione del sito medesimo o dell’acquisto di prodotti/servizi, sono utilizzati dallo Studio Notarile Papi nel rispetto dei principi di protezione della privacy stabiliti dal Regolamento Europeo e dalle altre norme vigenti in materia.
Data controller
Il Titolare del trattamento è STUDIO NOTARILE PAPI, con sede a Roma (RM), Via Francesco Cancellieri 2, partita IVA 14755351005.
Any data controllers will be appointed, when the data supervisor entrusts external assignments, for the performance of which it is necessary to share the Client's data, solely for purposes connected with the contracts/relationships that may exist between the parties, to those who offer sufficient guarantees to implement adequate technical and organisational measures so that the processing meets the requirements of the Regulation and guarantees the protection of the data subject's rights, and subject to the data controller's signature of a specific contract/addendum to the professional assignment containing the requirements and specifications of the processing.
Purposes and legal basis of the processing
The purposes of the processing for which the user's data are intended are:
a) performance of pre-contractual and contractual relations existing between the parties and compliance with legal standards and obligations to which the Data Controller is subject (by way of example, registration on the site, purchase of services, customer assistance in the use of products and services provided by the Company);
b) purposes other than and in addition to contractual ones (marketing of company products, sending newsletters to the data subject, commercial communications and/or advertising material for company services and other products).
Per il perseguimento delle finalità di cui al punto a) il trattamento dei dati personali dell’interessato è necessario ed il consenso allo stesso è assolto direttamente nel conferimento di incarico/acquisto prodotto.
Per il trattamento dei dati dell’interessato concernenti la finalità ulteriori rispetto a quelle precontrattuali/contrattuali di cui al punto b) è richiesto il consenso espresso dell’interessato, fornito indifferentemente in forma cartacea o telematicamente dallo stesso.
Provision and obligatory or optional nature of data
I dati personali richiesti sono esclusivamente quelli necessari per l’espletamento della richiesta dell’utente, nel pieno rispetto dei principi di adeguatezza del trattamento sanciti del Regolamento Europeo. Essi sono pertanto obbligatori in quanto strettamente funzionali all’esecuzione dei servizi richiesti dall’utente.
In particular:
These data, subject to express consent provided in the manner described above, may also be used for the further purposes referred to in letter b) of the preceding point.
However, each user has the right, directly from his/her personal area of the site, to modulate his/her consent (for purposes other than contractual ones) at any time.
Modalities of the processing
The processing and storage of the data will be carried out with the aid of automated and/or paper-based means and tools, such as to allow the user/customer access to his/her personal data in our possession, according to the most suitable methods for guaranteeing their integrity, updating, security and confidentiality, also protecting them from unauthorised and/or unlawful processing as well as from loss, destruction or accidental damage.
Without prejudice to disclosures that are made in compliance with legal obligations, the data may be disclosed to external parties who carry out specific tasks on behalf of the writer, subject to their express commitment to the protection of your personal data, in accordance with the provisions of this Information Notice and the rules on the data controller set out in Articles 28 et seq. of EU Regulation 679/2016, as well as the applicable legal provisions.
Duration of the processing
The processing of the data shall obligatorily take place for the entire duration of the relationship established between the parties and, after the conclusion of the existing relationship/contract, in order to comply with the civil and fiscal legal obligations applicable to the existing relationship, as well as any other legal requirement/obligation to which the Data Controller is bound, with regard to the services referred to in point a) while, for the services referred to in point b) subject to express consent, it shall take place until such consent is revoked by the data subject.
Rights of the data subject
At any time the data subject may exercise, by written request, vis-à-vis the Data Controller identified above, all the rights recognised by applicable European and domestic legislation, and in particular by Articles 13, 14, 15 to 22 and 34 of the European Regulation and by the national legislation in force, and in particular
a) the right to obtain confirmation of the existence or otherwise of data concerning you, even if not yet registered, and their communication in intelligible form, the right to obtain free access to and/or copy of your personal data undergoing processing, with an indication of all aspects relevant to the processing provided for by the EU Reg.
b) the right to obtain, free of charge, the updating, rectification of inaccurate data, restriction of processing or, where interested therein, integration of the data
c) the right to object, in whole or in part, to the processing of personal data concerning you, even though they are relevant to the purpose of the collection for legitimate reasons, or to withdraw, in whole or in part, your consent, where necessary
d) the right to lodge a complaint with a supervisory authority (Data Protection Authority) or judicial authority;
The full list of the data subject's rights is available in hard copy at the Data Controller's Head Office or by email at the written request of the data subject.
Information about cookies
What is a cookie and what is it used for?
In computing, HTTP cookies (more commonly referred to as web cookies, tracking cookies or simply cookies) are lines of text used to perform automatic authentication, session tracking and storage of specific information about users accessing the server, such as their favourite websites or, in the case of internet shopping, the contents of their 'shopping carts'. In practical and non-specialist terms, a cookie is a small file, stored on the computer by websites during browsing, which is used to save preferences and improve the performance of websites. This optimises the user's browsing experience. (Wikipedia)
Use of Cookies
The Site uses Cookies to make its services simple and efficient for the users who view its pages.
Users viewing the Site will see minimal amounts of information placed on their devices, whether computers or mobile devices, in small text files called "cookies" stored in directories used by the User's web browser.
By disabling cookies, some of our services may not function properly and some pages will not display properly.
There are different types of cookies, some to make your use of the Site more effective, others to enable certain features.
Looking at them in more detail, our cookies allow us to
TIPI DI COOKIE UTILIZZATI DAL NOSTRO SITO
Navigation cookies
These cookies enable the site to function properly, and are used to collect information about how visitors use the site. This information is used to compile reports and help us improve the site. The cookies collect information anonymously, including the number of visitors to the site, where visitors have come from and the pages they have visited.
Analytical cookies
These cookies are used, for example, by Google Analytics to produce statistical analysis of how users navigate the site using computers or mobile applications, the number of pages visited or the number of clicks made on a page while browsing a site.
Third-party cookies
These cookies are used by third party companies. The use of these cookies does not normally involve the processing of personal data. Third party cookies are derived from advertisements from other sites, such as advertisements on the website being viewed. They can be used to record the use of the website for marketing purposes.
How to change your cookie settings
The settings for managing or deactivating cookies may vary depending on the web browser used, so for more information on how to do this, we suggest that you consult your device manual or the "Help" function of your web browser.
Below we provide Users with links explaining how to manage or disable cookies for the most popular web browsers:
You can still delete cookies by using one of the many third-party 'cleaners', such as CCleaner.
Once cookies have been deleted, it is normal for the browser and the various websites to reappear with customisation requests: this is due to the cleaning performed.
Third-party cookies
Third-party cookies may be installed: these are analytical and profiling cookies from Google Analytics, Google Doubleclick and Facebook.
These cookies are sent from the websites of the aforementioned third parties external to our site. Third-party analytical cookies are used to collect information about user behaviour on the site. The collection is done anonymously in order to monitor the performance and improve the usability of the site. Third-party profiling cookies are used to create profiles of users in order to propose advertising messages, in line with the choices made by users.
The use of these cookies is governed by the rules laid down by the third parties themselves. Users are thus invited to read the privacy notices and the instructions for managing or disabling cookies published on the following web pages:
For Google Analytics cookies:
For Google Doubleclick cookies:
For Facebook cookies:
For further information
Per avere maggiori informazioni, richiedere l’elenco integrale dei diritti dell’interessato e per esercitare i diritti stabiliti dal Regolamento Europeo, potete scrivere al Titolare del trattamento, al seguente indirizzo e-mail vpapi@notariato.it. Per saperne di più riguardo ai cookie leggete la normativa al seguente link