LDP LAW
LDP Lawyers has matured a significant experience in more than two decades of business activity, providing legal solution addressed to: Contracts,Tax Dispute Resolution, Cross Border Contracts, Legal Due Diligence, Corporate Finance and GDPR Compliance. The fact that LDP is a Multidisciplinary Firm allowed us to leverage the expertise in diferents professional areas such as Tax and Labour, this allowed us to consider all the relevant contracts implication during the drafting and negotiation phase.
LAW Solutions
LDP has matured a significant expertise in Tax matters related the day to day advice, M&A , Transfer Pricing and other areas better describe here after
RENEWABLE ENERGY
LDP offers a wide range of assistance in Italy to support companies involved in the renewable energy sector in particular solar, aeolian and bio-mass.
By 2019 good prospects for investments and companies seem to emerge. This was revealed by the forecasts of Bloomberg New Energy Finance, link https://about.bnef.com/blog/transition-energy-transport-10-predictions-2019/
The study estimates a trends on the photovoltaic, wind and energy storage markets. According to forecasts, 2019 will be the year of floating photovoltaics.
LDP Renewable Energy Services
- Financial, fiscal and Legal Due Diligence;
- drafting investment agreements (MOU – Master of Understanding, QPA – Quota Purchasing Agreement, etc.)
TAX DISPUTE RESOLUTION
Transfer Pricing remains one of the hottest areas in terms of assessment is evident from the growing number of disputes and from the attention paid to it by the financial administration.
The peculiarity of this matter depends on the fact that the determination of the correct transfer price passes through an evaluation process that must take into consideration the characteristics of the transactions carried out and the reference markets, the strategies of the company and the group, the assets involved , the functions performed and the risks assumed.
It will be in the interest of the tax payer to detail these aspects as clearly as possible, in order to provide the administration with the information framework necessary to find the adequacy of the transfer prices adopted.
Agreeing in advance with the Public Administration, through the use of the international ruling procedure, it is possible also on a bilateral basis, could offer the advantage of avoiding checks and penalties. Furthermore, as clarified by the tax office old communication date d 25 / E / 2014, towards those accessing the procedure, it will be possible to initiate checks only with reference to issues other than those covered by the ruling, in order to prevent the same business model being the subject of a different interpretation.
Thus, a ruling concerning transfer prices should inhibit further controls, such as those relating to stable hidden organization or other aspects relating to the same business model.
LDP Transfer Price services
- economic analyzes on databases (AMADEUS and AIDA) used and recognized by Italian Tax Administrations and international best practice;
- preparation of the entire documentation on transfer price: Country file and master file;
- international tax planning and consultancy on value chain restructuring activities;
- assistance in tax litigation regarding Transfer Pricing and Permanent Establishment
LABOUR AND EMPLOYMENT
LDP labour lawyers guaranty an efficient, effective and extensive assistance covering all the Human Resource area.
LDP Labour Lawyer Services
- Drafting of employment contracts, including restrictive covenance such as: non competition and non solicitation clauses, Stock Option and RSU plan;
- management of Trade Unions relation;
- employment dispute management;
- disciplinary proceedings;
- collective redundancies drawing up of company regulation;
- detachment agreement
- supporting Clients during the purchase or the sale of going concern business that will impact on the human resource;
- provide Due Diligence on the labor matters.
COMMERCIAL LAW
LDP Legal department during the 27 years of business activity has advised multinational companies from the drafting and the negotiating of the below listed contracts.
LDP Commercial Law
- drafting and negotiation of commercial agreements governed by domestic or international laws, such as: agency agreement, distribution, stock assignment, logistic;
- Directors Powers drefting;
- Transfer Price Policy preparation;
- Corporate Finance.
- Cross Border Agreement such as:
– cash pooling;
– cost sharing agreement;
– management fees;
– consignment stock;
– distribution;
– royalty agreement.
CORPORATE FINANCE
LDP Legal and Tax Team work often together and this guaranty a unique and professional approach.
LDP corporate law services
– corporate reorganization;
– merger & demerger;
– equity crowd funding;
– company transformation;
– company dissolution.
GDPR
General Data Privacy Regulation (GDPR) is applied in Italy since 25th of May 2018. The GDPR rules prescribe new regulations and replaced to the previous Italian Legislative Decree 196/03 about Pricivay. The new law imply the safeguard of the privacy data on day to day businesses; new measures on the collection of data, access and storage of third parties data, such as clients, suppliers, employees and others can be adopted.
The Italian Data Protection Agency (DPA) provided since last year useful guidelines that can help local companies to transition to the new system.
LDP GDPR Services
LDP offer legal assistance on the application of the new data protection regulations, training and set of the necessary documentation.
I did not send the notice of call of the Shareholders' Meeting of a limited liability company in time. Can I keep it anyway?
Yes. According to art. 2479 bis of the Italian Civil Code, even in the absence of a call, the shareholders' meeting is validly constituted if the entire share capital participates and all the directors and statutory auditors are present or informed of the meeting and no one objects to the discussion of the subject.
What do I have to do if I receive a notice of assessment?
Once the notice of assessment has been served, the taxpayer has 60 days to challenge it.
In addition, the taxpayer has the possibility to try a conciliation with the tax authorities through the Assessment with Acceptance procedure. In this case, the deadline for challenging the assessment notice is suspended for a period of 90 days.
I am the lessee. Can I withdraw from the commercial lease contract if the latter does not provide for withdrawal?
Yes, but only in case of serious reasons. According to art. 27 L. n. 392/1978, regardless of the contractual provisions, the tenant, in case of serious reasons, can withdraw from the contract at any time with at least six months' notice to be communicated by registered letter.
I would like to buy shares in a company. How should I move?
It is advisable to negotiate and sign a letter of intent in which you will summarize the general terms of the transaction and start a due diligence process on the company whose shares you intend to purchase in order to verify any critical issues and risks.s or “CCAs” to which the enterprise is part of.