INTRANET
Copyright 2020 - Quorum Studio Legale e Tributario Associato - Credits

Application for liquidation of the share by the heirs of a deceased unlimited partnership shareholder

Civil Superior Court, Section I, 31 July 2020. Pres. Giancola. Est. Lamorghese

date: 27.10.2020
Area: Corporate, M&A

With regards to unlimited partnerships, Article 2284 of the Italian Civil Code provides that, in the event of death of one of the shareholders, the others must liquidate the share to the heirs, unless they prefer to wind-up the company or continue it with the heirs themselves, provided that the latter agree. If they decide to liquidate the share of the deceased, the Italian Superior Court ruled that a claim against the company must be considered duly established even if all the shareholders and not the company, are sued, provided that it is ascertained that the heirs filed a claim against the company to enforce their claim against it.

Application for liquidation of the share by the heirs of a deceased unlimited partnership shareholder

Civil Superior Court, Section I, 31 July 2020. Pres. Giancola. Est. Lamorghese

date: 27.10.2020
Area: Corporate, M&A

With regards to unlimited partnerships, Article 2284 of the Italian Civil Code provides that, in the event of death of one of the shareholders, the others must liquidate the share to the heirs, unless they prefer to wind-up the company or continue it with the heirs themselves, provided that the latter agree. If they decide to liquidate the share of the deceased, the Italian Superior Court ruled that a claim against the company must be considered duly established even if all the shareholders and not the company, are sued, provided that it is ascertained that the heirs filed a claim against the company to enforce their claim against it.