Publications

Many new amendments

Intermediaries’ Regulation | Consob’s recent amendments to Regulation n. 20307 of 15 February 2018, in addition to implementing European legislation as regards ESG, will also have an impact on intermediaries’ operations, more specifically concerning remote transactions, costs-benefits analysis and exemptions envisaged for the professional clientele. Our Pietro Lorenzi shared his insight on the matter in […]
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All set for the collection of sustainability preferences

MIFID 2 and IDD | As of August 2nd, intermediaries are to collect investors’ sustainability preferences. The ultimate goal consists in steering major financial flows towards a more sustainable economy by meeting the clients’ preferences concerning ESG topics. Our Pietro Lorenzi provides his insight on the topic in the September issue of Fondi & Sicav […]
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The alleged incompatibility between the liquidation status (recte the liquidation plan) and the negotiated settlement of a business crisis: a misinterpretation that should be avoided

Essay on using the procedure of negotiated settlement of a business crisis in the cases of companies in voluntary liquidation or companies proposing an essentially “liquidating” recovery plan. Insights by our Eugenio Bissocoli published in the law journal “Diritto della Crisi”. Read here (Italian only)
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Ten years of storage of current account documentation

Banks | Ten years of storage of current account documentation: interpretation and application of Article 119 of the TUB The debate covering storage and delivery obligations of documents related to current accounts has always been fierce, and recently an intervention of the Supreme Court was interpreted as a juridical U-turn, but it may not be […]
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Proposals that are a long way off the market’s expectations

With Consultation paper n. 3 of 11 March 2022, Ivass has published a draft regulation on unit-linked policies for public consultation. Among the various issues contained therein, the Authority deals with two relevant topics, especially in this day and age: the regime of eligible assets of unit-linked policies’ funds and the so-called demographic risk. Our […]
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The restyling of unit-linked policies

The long-awaited draft regulation on unit-linked policies published for public consultation by Ivass does not live up to everyone’s expectations and fails to deliver the solutions to which the private banking and saving sectors have been looking forward. A critical review on the matter by Luca Zitiello in the June issue of Private magazine. Read […]
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Esma sets the course on the clients’ ESG preferences

The new Esma consultation paper opens many questions on how to integrate the clients’ ESG preferences. Time is of the essence but the regulatory approach is tortuous and incompatible with the intermediaries’ systems. Luca Zitiello’s opinion on the topic in the June issue of We Wealth magazine. Read here (Italian only)  
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Broadening the scope of reserved AIFs

With the reform brought forth by its Ministerial Decree, the Ministry of Economy and Finance has opened its doors to retail customers subscribing to Italian reserved AIFs. After a long wait, will the operators agree with this option? Will it contribute to the formation of a new category of genuinely positive target market customers as […]
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