Avvocato Lorenzo Agnoloni International Law & Notary Firm provides comprehensive legal support for drafting wills, navigating Italian succession law, and ensuring property inheritance is legally protected. We assist heirs in estate settlements, tax compliance, and succession declarations, handling all necessary documentation, translations, and notarial procedures to safeguard assets and inheritance rights.
So we have to say that in general, Italian Administrative Law rules the actions and powers of public authorities and their interactions with individuals,other public subjects and businesses (but not only). Unlike Civil Law, Administrative Law focuses on public interest and ensures that government and public organizations’ actions are legal, fair, and transparent. Disputes in this field are handled by Administrative Courts (TAR – Tribunali Amministrativi Regionali) instead of ordinary civil courts.
If you believe a public authority has issued an unlawful or unfair decision, you can:
1) File an appeal ("Ricorso") to the TAR (Regional Administrative Court) within 60 days of receiving the decision.
2) Appeal to the Council of State ("Consiglio di Stato") if the TAR ruling is unfavorable.
Common Administrative Law disputes in Italy include:
Yes, for cases before the TAR (Regional Administrative Court) and the Council of State, legal representation is mandatory. However, for smaller disputes (e.g., contesting a fine), you may be able to submit an appeal independently or with the help of a legal consultant.
Yes, foreigners can open a business in Italy, but the requirements depend on your nationality. EU citizens can start a business without restrictions, while non-EU citizens typically need a residence permit and a Partita IVA (VAT number).
SRL (Società a Responsabilità Limitata) is a limited liability company, meaning your personal assets are protected from business debts. A Sole Proprietorship (Ditta Individuale), however, holds the owner personally liable for business debts but has lower registration costs.
No, an Italian partner is not required. However, having one can be beneficial for navigating bureaucracy, obtaining financing, or gaining local market knowledge.
This depends on the way a foreign citizen is doing (or willing to do) his business in Italy. There are incredible differences if he is working as an individual (like a self employer or as a professional) or if he chooses the set up a company (with hughes differences and consequences between setting up a Societa’ di capitali like a SPA or SRL etc.. or a Societa di persone like a SAS SNC etc..). Tax benefits exist for innovative startups and foreign investors.
Trademarks and patents must be registered with the Italian Patent and Trademark Office (UIBM) or through the European Union Intellectual Property Office (EUIPO) for broader protection, with a complex process that this law firm can assist.
This law firm can handle national (in Italy) and international arbitrations (arbitrato) in Switzerland before the Swiss Arbitration Centre. These processes are used to resolve disputes outside of court, often saving the judicial’s ordinary times that are not so fast.
For certain disputes, it is mandatory, including real estate, banking, insurance, and commercial contracts, mediation is a mandatory first step before filing a lawsuit. If mediation fails, the case can proceed to court.
Arbitration is a private dispute resolution method where parties agree to have their case decided by an independent arbitrator instead of a judge. It’s always used more by contenders. first of all, need a response to the problems that have arisen between the parties in a short time, as a response is provided (even in a winning way for one of the parties) but after too long times, which unfortunately with the ordinary court system is difficult to avoid, at the end it is a defeat for both parties.
Yes, foreigners can use ADR in Italy. Many national and international contracts include arbitration clauses, and mediation services are available in multiple languages. But each single case can be ruled in different ways in the contracts, so this answer can be given after studying well the single contracts.
Yes, non-residents can open an Italian bank account, but requirements vary by bank (Italian or foreign in the Italian territory). Typically, you need a valid passport, an Italian tax code (Codice Fiscale), and proof of address. Some banks may require a local contact, tax returns or residency.
Italian banks are regulated by the Bank of Italy (Banca d’Italia) and must comply with many regulations and first of all with the European Central Bank (ECB) regulations, the Consolidated Banking Act (TUB), and anti-money laundering (AML) laws.
Yes, large transactions (typically over €10,000) must be reported to the Financial Intelligence Unit (UIF), Agenzia delle Entrate o Agenzia delle Dogane for anti-money laundering purposes. Additionally, tax compliance and source of funds verification may be required.
The Interbank Deposit Protection Fund (Fondo Interbancario di Tutela dei Depositi – FITD) that is only one of the multiple protections given by the Italian law and the Italian bank system, which guarantees deposits up to €100,000 per account holder, per bank in case of a bank failure. But there is a complex panorama to be described to each one who wants to go deep in this matter
Italy follows EU regulations on cryptocurrency, requiring exchanges and wallet providers to register with the Organismo Agenti e Mediatori (OAM). Digital banking services must comply with traditional banking laws, GDPR, and consumer protection rules.
Yes! In general, Italy allows non-residents to buy property. BTW, this matter is particularly complicated and of course there are exceptions and limits (with blacklist countries etc..) . For example, some non-EU countries require a reciprocity agreement, meaning your home country must allow Italians to buy property there. But there are alternative solutions which allow Italian companies with foreign owner/partners to buy property
You should verify:
This is only for a start, because it could be necessary to do other research before the local Courts for other debts or eventual actions by neighbors or other subjects/creditors/claimants etc...
Yes, but it really depends on your bank, and the requirements that each single bank rules in a different way. Maybe we can say that the majority of Italian banks typically finance 50-60% or even more, of the property value, related to the proof of income in Italy, a high credit rating is required, guarantees etc...
Disputes are resolved through Italian courts or arbitration. A good lawyer and a good notary can help prevent future issues.
In Italy, the most common business structures are:
Societa’ di capitali:
Societa’ di persone:
We can help you choose the best structure for your business.
To open a business in Italy, you typically need to:
We can assist you in setting up your company quickly and with the respect of all Italian laws.
Yes, if you sell goods/services in Italy, except for certain exemptions but even to be a professional or in other cases.
Not necessarly, foreigners can own 100% of an Italian company. However, having a local representative can simplify legal and tax processesand there are some exceptions to this rule.
We provide legal support for foreign businesses entering the Italian market.
Contracts must be:
We draft and review contracts to protect your business interests.
If a dispute occurs, options include:
We provide legal representation to resolve commercial disputes efficiently.
Italy follows a civil law system, meaning laws are codified and judges rely primarily on written statutes rather than precedents, and judicial decisions are based on the Italian Penal Code (Codice Penale) and Criminal Procedure Code (Codice di Procedura Penale). Each case will be analized according to its specific necessities.
Criminal offenses in Italy fall into three main categories (but this it’s only a very simply summarized list):
ld verify:
This is only for a start, because it could be necessary to do other research before the local Courts for other debts or eventual actions by neighbors or other subjects/creditors/claimants etc...
Penalties vary depending on the crime and may include:
Each case has to be studied in its peculiarities and accordind to the international law and the international agreement.
Italy recognizes two types of divorce, that now is a fast process, particularly if there are no children and there is an agreement for the economic aspects, anyway wecan still consider existing the main difference between:
Divorce laws depend on where the marriage was registered. Italy requires legal separation first, unless both parties agree. Thematter is complex but it’seven possible to have 2 different processes in the 2 different countries of the origin of the foreigners.
Cohabitation Agreements provide many protections and rights insome cases like a married couple, the last sentence of the Italian Supreme Court (Corte Costituzionale) n. 148 dated 25/07/2024 about the rights inside the family (related by the marriage oreven only in fact) is very interesting and clarified a lot in this particular matter.
Italian law prioritizes the best interests of the child, with custody decisions based on:
Options include:
After 5 years of legal residence, you can apply for an EU Long-Term Residence Permit, provided you meet income, integration requirements and others.
Italy is launching a Digital Nomad Visa, but currently, remote workers often use the Elective Residence Visa, which does not permit local employment.
If you have Italian ancestry, you may qualify if:
Processing times vary, but it’s faster than any other process and gives you all the guarantees that a process before a Judge can give to the applicants. This law firm obtained some sentences in few months, from the time when the Ricorso was deposited before the Court (particularly if supported by evidences which prooved even an urgency).
When youwill contact the law firm , we will clarify who is the italian ancestor that is preferred to reconnect with, according to the Italian court precedents.
During consultation we will advise on what documents are required. We take care of obtaining all Italian ancestry documents required from the Italian public offices.
Employers must apply for a nulla osta (work authorization) through the annual Decreto Flussi quota system. Once approved, you must apply for a work visa and residence permit.
Who is the applicant?
Italian forced heirship laws apply (successione per legge) , meaning spouses and children inherit automatically.
Yes! It’s best to have a separate Italian will to avoid conflicts with foreign succession laws.
Setting up a trust, a minor trust, a donation, a so called “fondo patrimoniale” or an international will can help distribute assets according to your wishes.
Individuals in Italy pay:
The sector is really complicated, but we can definitely help you understand these rules and manage your tax obligations.
Companies in Italy pay:
Our firm can assist businesses with tax compliance and planning.
IRES: 24%, IRAP: 3.9%, plus VAT (22%).
If you live in Italy for more than (6 months plus one day) in a year, you must pay taxes on worldwide income.
All changes if you live abroad and you have there your residence.
We can help expats and foreign investors understand their tax situation according to the Italian laws and international agreements (so you will not pay taxes 2 times).
Yes! Italy offers:
We can guide you through the application process.
If you don’t pay your taxes, you may face:
If you have tax issues, we can help you resolve them and avoid penalties.
Need tax advice? Contact us today!
Common cases involve contract breaches, property disputes, inheritance issues, and debt recovery, like in all other countries at least of Europe/USA/Canada, but there are so many other cases not easy to describe here in a few words.
Yes, if the case involves Italian jurisdiction (e.g., contracts, property, business ginheritances etc..).
Mediation is mandatory for certain cases (real estate, contracts) and typically hardly resolves disputes faster,adecison of a judge is often preferred.
Court fees vary and it’sreally hard to say, each caseis different and has its peculiarity, but legal costs range from € 250,000 –€ 50.000,00, plus lawyer fees.
Must include:
It must comply with the Italian Civil Code, be written in Italian, and be signed by both parties (and possibly be registered)..
Contracts must be in Italian for legal validity, but bilingual versions are often used for reference.
