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NEWS & ARTICLES

Jun 14, 2022
4 min

Service of Judiciary documents upon the appointed representative of a foreign company

The Italian Legislative Decree no. 231 of 8 June 2001 introduced into the Italian legal system the rule of the direct administrative responsibility of an enterprise for any crime committed to the benefit or interest of such enterprise by any person who actually represents, handles management affairs or acts as a top officer of such enterprise or of any branch thereof having its own financial and organization autonomy, as well as by any person who, also from a mere factual vie

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Useful information for starting a civil lawsuit in China

lifang60

Jan 24, 2022
2 min

Useful information for starting a civil lawsuit in China

In commercial relations with Chinese suppliers and customers sometimes misunderstandings occur that cannot always be resolved in an extrajudicial way. If you have to evaluate if bringing a civil action in China, several preliminary factors must be considered. First, to sue a legal person in China, you need to know its name and registered office in Chinese characters. For this reason, in commercial relations with Chinese partners, it is always advisable to obtain a copy of the

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New Rules for the transfer abroad of production undertakings with more than 250 workers

lifang60

Dec 20, 2021
3 min

New Rules for the transfer abroad of production undertakings with more than 250 workers

The Italian Government is proposing certain amendments to the Italian Budget Law being currently discussed at Parliament level, in order to regulate both the procedure and possible sanctions for the transfer of Italian production undertakings abroad, whenever the relevant undertaking employs more than 250 employees (such new rules shall not apply to undertakings employing less than such threshold, indeed). The new regulation shall apply, in fact, when an undertaking with more

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Legal advice to manage contractual relations with China for the sale of goods and services

lifang60

Nov 19, 2021
2 min

Legal advice to manage contractual relations with China for the sale of goods and services

Before starting any commercial negotiation with a Chinese counterpart, it is a good practice to conduct some appropriate preliminary checks to protect your interests. First of all, it is advisable to always ask your Chinese partner for a copy of the "business license", which indicates the personal data of the company (date of incorporation, registered office, share capital, corporate purpose, legal representative). These data can also be verified on the public portal "Nationa

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Electronic invoice obligation also for non-EU transactions in Italy

lifang60

Oct 6, 2021
1 min

Electronic invoice obligation also for non-EU transactions in Italy

From January 1, 2022, the obligation of electronic invoicing will also come into force for transactions carried out by Italian taxpayer to and from non-EU subjects. In the case of purchases from non-EU subjects, the Italian taxpayer must issue an electronic self-invoice, which certifies the integration of the VAT through the “reverse charge” mechanism (if applicable based on the service and location of the foreign subject). In the case of sales or provision of services to non

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Value of products upon being imported into the European Union territory

lifang60

Jul 8, 2021
4 min

Value of products upon being imported into the European Union territory

Upon importation of goods into the European Union territory, customs duties and a value added tax (VAT) are in principle due and levied by the Customs authorities. Since the amount of those duties usually depends on the value of the imported goods at the border, how such value is determined has to be considered. To such regard, EU Regulation no. 952 of 9 October 2013 (the European Customs Code) under article 70 (“Method of customs valuation based on the transaction value”) se

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How does marriage and divorce work in China? The differences with Italy

lifang60

Jul 8, 2021
3 min

How does marriage and divorce work in China? The differences with Italy

In China, the institution of marriage was regulated by a 1980 Law amended in 2001 and then repealed by the entry into force of the Chinese Civil Code on January 1, 2021. Although the Chinese Civil Code is inspired by the legal tradition of Roman law, there are some peculiarities with respect to the legal Italian system. Let's see what they are below. 1. Quick Divorce In China, unlike Italy, there is no institution of legal separation. Consequently, the divorce procedure is fa

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lifang60

Jun 16, 2021
4 min

Origin of products imported into Europe

The origin of products imported into Europe has a particular significance, because – depending on where the products actually originate from – a relevant customs duty or taxation can be charged or levied. In order to fully understand what the “Rule of Origin” stands for, it is opportune to better define the meaning thereof according to applicable European Law, and in particular EU Regulation no. 952/2013, which more precisely sets forth that: (i) goods wholly obtained in a si

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Tax evasion and relations with the crime of fraudulent bankruptcy

lifang60

Jun 16, 2021
3 min

Tax evasion and relations with the crime of fraudulent bankruptcy

With sentence no. 1556/2020, the Italian Supreme Court (Corte di Cassazione) reiterated that the systematic conduct of tax evasion can lead to the configuration of the crime of fraudulent bankruptcy, in particular in the event that the bankruptcy is caused by malicious transactions pursuant to art. 223, paragraph 2, n. 2, Italian Bankruptcy Law. Conducts punishable by criminal law as bankruptcy under the bankruptcy law can be many. A first case is provided for by art. 216 of

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What is the Golden Power? Practical cases and regulatory framework

lifang60

May 27, 2021
3 min

What is the Golden Power? Practical cases and regulatory framework

Photo credit: Corriere della Sera EU investment screening mechanism Even if the European Union adopted an open approach towards foreign direct investments, there exist an investment screening mechanism under the Regulation (EU) 2019/452 of 19 March 2019 which applies in cases of suspected dangerous investments for security or public order. Recently, on March 25, 2020, the EU Commission also issued guidelines for foreign investment screening in a time of public health crisis a

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Recognition and enforcement of Chinese civil judgements in Italy

lifang60

May 13, 2021
2 min

Recognition and enforcement of Chinese civil judgements in Italy

The process of recognition and execution in Italy of a judgement issued by a Chinese court follows a simplified procedure under the Treaty for Mutual Assistance in Civil Matters signed between Italy and China in 1991. The scope of this procedure, pursuant to Article 1 of the aforementioned Treaty, are judgments in the field of civil law, commercial law, family law and labor law. The application for recognition must be submitted to the Court of Appeal of the district in which

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How to obtain Italian citizenship through a judicial proceeding

lifang60

May 13, 2021
2 min

How to obtain Italian citizenship through a judicial proceeding

The judicial way to obtain recognition of Italian citizenship is admissible in two cases: 1. When the iure sanguinis offspring comes from the maternal line (son of an Italian woman born before 1948). This is because until the entry into force of the Italian Constitution in 1948, Italian citizenship was transmitted only by paternal line. 2. When the iure sanguinis offspring comes from the paternal lineage. In this case, however, it is necessary to have first submitted an appli

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Dispute on a transfer of a portion of business as a going concern

lifang60

May 13, 2021
2 min

Dispute on a transfer of a portion of business as a going concern

By judgment handed down with the court chancery on March 29, 2021, the labor court of Rome, as first instance judge, ruled, once again, on the issue concerning the transfer of business as a going concern (“cessione di azienda” in the Italian parlance). The dispute involved a group of employees, working at the credit recovery department of the transferor, who, as a consequence of the transfer of a portion of business as a going concern (“cessione di ramo di azienda” in the Ita

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Simest resumes non-repayable grants for the internationalization of Italian companies

lifang60

May 13, 2021
2 min

Simest resumes non-repayable grants for the internationalization of Italian companies

From June 3, 2021 Simest makes non-repayable export grants available to Italian companies. These are funds set up to support the recovery of the Italian economy supported by the Fund 394/81 managed by SIMEST, activated already in 2020 (Pact for export). Grants can be requested online by filling in forms and with the digital signature of the legal representative of the applicant company. For the financing it is necessary to introduce a project, possibly prepared with qualified

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How to protect intangible assets in China?

lifang60

Feb 24, 2021
7 min

How to protect intangible assets in China?

#IPR #international #law #lawyers #dongpartners #china #avvocati #copyright #proprietàintellettuale #knowhow The People's Republic of China ratified the main international agreements on intellectual property (Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), the Paris Convention for the Protection of Industrial Property, Madrid Protocol on the registration of international trademarks). Chinese legislation on the matter is therefore very close to inte

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How to protect from scams in online business?

lifang60

Feb 24, 2021
5 min

How to protect from scams in online business?

#export #online #cybersecurity #cybercrime #fraud #international #dongpartners The Covid-19 pandemic has accelerated the digital transformation of international trade, bringing businesses many opportunities, but also countless risks. More and more often it happens to be victim of scams to those who carry out commercial activities with foreign operators located in geographically distant countries, with whom communicate only by e-mail. Let's see below what are the most common c

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lifang60

Feb 24, 2021
6 min

Why register your trademark in Asia?

#asia #trademark #marchi #dongpartners #intellectualproperty #international #internazionalizzazione #export Brand protection is an important element in a business internationalization strategy. Often, erroneously, it is believed that the registration of the company name with the Register of Companies is sufficient to protect oneself. Instead, the company name and brand are different things from a legal point of view. Thus, it may happen that the opportunity to enter an intern

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Trademarks, Designs and Models: what changes after Brexit

lifang60

Dec 31, 2020
3 min

Trademarks, Designs and Models: what changes after Brexit

#trademarks #brexit #dongpartners #euipo #marchi #uk #eu #business #ip #lawyers #avvocati #international Source: vectorstock From January 1, 2021, new rules for the protection of trademarks and designs come into force, following the end of the transition period established by the withdrawal agreement between the EU and the United Kingdom of February 1, 2020.This agreement provided that EU law would continue to apply in the UK until December 31, 2020. Starting from January 1,

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International Commercial Courts in China

lifang60

Dec 18, 2020
2 min

International Commercial Courts in China

#bri #obor #Nuovaviadellaseta #justice #international #dispute #court #giustizia #tribunali #commercial Photo: Jstv.com As a part of International Commercial Dispute Resolution Mechanism and Institutions for the Belt and Road Initiative, in 2018 China's Supreme People's Court (SPC) established the first China International Commercial Court (CICC) in Shenzhen City (Guangdong Province). The second was established in Xi’an City (Shaanxi Province) and on november 2020 it was esta

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Nuovo bando per export digitale con Ice e Alibaba: domande entro il 31 marzo 2021

lifang60

Dec 3, 2020
3 min

Nuovo bando per export digitale con Ice e Alibaba: domande entro il 31 marzo 2021

#digitalexport #ice #alibaba #dongpartners #business #international #trade Il 23 novembre 2020 l’Agenzia Ice e Alibaba Group hanno siglato un Memorandum of Understanding per la creazione del "Made in Italy Pavilion" all'interno di Alibaba.com. Si tratta di un marketplace B2B, che permetterà alle PMI italiane di essere presenti in 190 Paesi e di entrare in contatto con 26 milioni di buyers internazionali. A ciascuna impresa sarà assegnata una vetrina nella sezione Made in Ital

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