Download the press review.

The post DE BERTI JACCHIA ADVISES ANDION ON THE ACQUISITION OF A MAJORITY STAKE IN THE ENERLAND BIOGAS PLANT appeared first on Studio Legale De Berti Jacchia Franchini Forlani.

Download the press review.

The post DE BERTI JACCHIA IN ANDION CH4’S €24 MILLION PROJECT FINANCING appeared first on Studio Legale De Berti Jacchia Franchini Forlani.

De Berti Jacchia Law Firm, with Avv. Marco Frazzica and Avv. Giuseppina Zoccali, assisted Andion Italy S.r.l., Italian subsidiary of Andion CH4 (European leader in proven energy recovery solutions )in the negotiation with SOL S.p.A., for the acquisition by the latter (through its controlled company Airsol S.r.l.) of a 20% stake in BIOMETHAN GREEN 1 – SOCIETÀ AGRICOLA, a subsidiary of Andion Italy S.r.l. and holder of the authorizations for the construction and operation of a plant for the production of liquid biomethane (bio-LNG) from livestock biomass and agricultural by-products located in Mirandola, in the province of Modena.

The partnership agreement includes the supply of the whole bio-LNG, which will be produced by the Mirandola plant, exclusively to SOL S.p.A. (one of Italy’s leading producers of technical, industrial, and medical gases) for subsequent marketing in Italy and across Europe , targeting clients in the mobility and industrial sectors: also in respect of such aspects Andion Italy S.r.l. was assisted by De Berti Jacchia, with Avv. Cristina Fussi.

With a total investment of over 20 million euros, the plant is under construction, with completion expected by the first half of 2026.

The new partnership will allow SOL S.p.A. to strengthen its portfolio of sustainable cryogenic liquid gases and represents for Andion Italy S.r.l. a significant endorsement, confirming the strength of its technical and commercial expertise in the Italian biomethane market. These capabilities are highly synergistic with SOL’s know-how in achieving shared goals for environmental sustainability.

The post DE BERTI JACCHIA WITH ANDION ITALY IN THE AGREEMENT WITH THE SOL GROUP FOR A BIO-LNG PLANT appeared first on Studio Legale De Berti Jacchia Franchini Forlani.

Liquidity planning and monitoring are essential to prevent corporate crises and insolvencies: the Board of Directors must adopt appropriate measures to ensure solvency, even in the absence of any imminent signs of crisis. However, the approach can differ between legal systems: what are the differences between Italy and Switzerland?

An interesting article is available in Ticino Management magazine, co-written by our Cristina Fussi and Stefania Merati together with Rocco Rigozzi and Andrea Ziswiler, partners at Bär & Karrer, which analyses directors’ responsibilities and duties in managing liquidity crises, with a detailed comparison between the two jurisdictions.

How much discretion do directors have, in a crisis situation, when deciding when to intervene and which measures to adopt?

Regarding the situation in Italy following the adoption of the new Business Crisis rules, Cristina Fussi explained:
“The ability of directors of Italian companies to determine at their own discretion whether the company is in a state of crisis, and whether it is time to adopt crisis-resolution tools (procedures), is curtailed by recently adopted legal provisions, which appear designed to limit the scope of the business judgement rule.”

By contrast, as Rocco Rigozzi and Andrea Ziswiler explain, in Switzerland the legislator did not impose new obligations in the recent revision of the Swiss Code of Obligations’ provisions on liquidity and insolvency, but instead formalised obligations already established by Swiss case law within the context of directors’ general duty of care. The Board of Directors has reasonable discretion in planning, monitoring and supervising corporate liquidity, and related decisions—if made through proper procedures—are generally not questioned by courts in hindsight.

“ Read the full article.

The post MANAGING LIQUIDITY CRISES appeared first on Studio Legale De Berti Jacchia Franchini Forlani.

Milan, April 15th 2024 – Isolgomma S.r.l., a company specialising in sustainable sound insulation and vibration control solutions in the infrastructure, business and residential sectors, opens its capital to an international industrial group.

The Grazioli family, founder of Isolgomma, has entered into a strategic and commercial joint venture with Getzner Werkstoffe Holding GmbH, an Austrian company that is part of an international industrial group recognised as a leading specialist in vibration isolation in the railway, construction and industrial sectors. Getzner invested in Isolgomma’s capital, becoming a 50% shareholder together with the Grazioli family, which retained the remaining 50% of the capital.

Cappelli RCCD Studio Legale advised the Grazioli family and Isolgomma on all corporate/M&A aspects of the transaction with counsel Stefania Rossini and associates Carlo Macale and Valerio Ribechi.

De Berti Jacchia Franchini Forlani assisted Getzner on all corporate/M&A aspects with partner Cristina Fussi, senior associates Giuseppina Zoccali and Benedetta Mazzotti, and junior associate Enzo Fanelli. Antitrust compliance aspects were followed by partner Antonella Terranova together with Martin Beutelmann, partner of the German firm BRP Renaud.

The post CAPPELLI RCCD AND DE BERTI JACCHIA FRANCHINI FORLANI FOR THE JOINT VENTURE BETWEEN THE GRAZIOLI FAMILY AND GETZNER WERKSTOFFE HOLDING GMBH IN ISOLGOMMA SRL appeared first on Studio Legale De Berti Jacchia Franchini Forlani.

Cristina Fussi, partner di De Berti Jacchia Franchini Forlani Studio Legale, e Maria Rita Schiera, Partner dello Studio Legale Inzitari & Partners, terranno il 15 giugno 2023 una lezione su “Acquisizioni di società in crisi o nell’ambito di ristrutturazioni” nell’ambito del Corso di perfezionamento in Acquisizioni societarie organizzato dall’Università degli Studi di Milano per l’Anno Accademico 2022/2023

Download calendar of lessons

The post CORSO DI PERFEZIONAMENTO IN ACQUISIZIONI SOCIETARIE – Milan, June 15th, 2023 appeared first on Studio Legale De Berti Jacchia Franchini Forlani.

At the IBA Global Insolvency and Restructuring Conference in Madrid Cristina Fussi is Conference Co-Chair.

Visit Website

Download Programme

The post 28TH ANNUAL IBA GLOBAL INSOLVENCY AND RESTRUCTURING CONFERENCE – Madrid (Spain), May 21st – 23rd, 2023 appeared first on Studio Legale De Berti Jacchia Franchini Forlani.

Download Programme

The post LE PRINCIPALI NOVITÀ DEL CODICE DELLA CRISI DI IMPRESA E DELL’INSOLVENZA (D.LGS. 14/2019) – ALIA LEGANO, May 4th, 2023 appeared first on Studio Legale De Berti Jacchia Franchini Forlani.

Effective 1 January 2023 Cristina Fussi (Milan, Italy) and Huan Tan (Utrecht, the Netherlands) succeeded Anja Droege Gagnier Droege (Paris, France) and Darío U Oscós Coria (Mexico City, Mexico) as co-chairs of the Insolvency Section of the International Bar Association (IBA).

The IBA, established in 1947, is the world’s leading organisation of international legal practitioners, bar associations, law firms and law societies. The IBA influences the development of international law reform and shapes the future of the legal profession throughout the world. It has a membership of more than 80,000 individual lawyers and nearly 190 bar associations and law societies spanning over 170 countries.

The Insolvency Section of the IBA is the most prominent international association of lawyers interested in restructuring, insolvency and creditors’ rights law, as well as related company law, transactional and litigation practices. Its principal goals are to:

• provide a forum, at conferences twice a year (the IBA’s annual conference and the Insolvency Section’s own conference, usually in May), for substantive educational sessions presented by genuine experts on the most cutting-edge issues in restructuring, insolvency and creditors’ rights;
• create a lively network of lawyers (private practitioners, corporate counsel, judges, academics and law reform opinion leaders) from common and civil law systems in developed, emerging and formerly centrally controlled economies; and
• contribute to the reform and harmonisation of insolvency (and related) laws through permanent expert delegations to organisations such as the United Nations Commission on International Trade Law (UNCITRAL), the World Bank and the International Monetary Fund.

The post CRISTINA FUSSI APPOINTED AS CO-CHAIR OF THE INSOLVENCY SECTION OF THE INTERNATIONAL BAR ASSOCIATION (IBA) EFFECTIVE 1 JANUARY 2023 appeared first on Studio Legale De Berti Jacchia Franchini Forlani.

Per Cristina Fussi, partner De Berti Jacchia «vedremo nei prossimi mesi se il ricorso a questo nuovo istituto aumenterà rispetto al primo periodo dopo la sua entrata in vigore.È stato rilevato che la documentazione richiesta ai fini dell’accesso alla composizione negoziata della crisi è complessa ed abbondante e ciò potrebbe in parte spiegarne il non frequente utilizzo. Una cosa è certa: sappiamo sin d’ora che il Codice della Crisi sarà oggetto di ulteriori modifiche, e queste potrebbero certamente riguardare lo strumento della composizione negoziata e la figura dell’esperto».

Intervento di Cristina Fussi su ItaliaOggi Sette.

Download Article

The post CRISI D’IMPRESA, IL RUOLO DEI PROFESSIONISTI È CENTRALE appeared first on Studio Legale De Berti Jacchia Franchini Forlani.