Corporate and commercial litigation
In corporate and commercial litigation, FIVELEX advises listed and unlisted industrial and financial companies and groups, ranging from large companies and groups to SMEs, based in Italy and abroad, as well as members of corporate bodies in all phases and degrees of ordinary and special proceedings.
FIVELEX has significant experience in this field, and in the following areas in particular:
• liability actions against members of corporate bodies, whether brought by the company, minority shareholders, individual shareholders or third parties, or by bankruptcy receivers or other insolvency officials (including liability actions for majority abuse, management and coordination abuse, etc.);
• litigation relating to merger, acquisition and demerger contracts and shareholders’ agreements;
• appeals against resolutions of the shareholders’ meeting and board of directors and compensation for damages caused by void resolutions;
• removal of directors, including on a precautionary basis;
• complaints to the board of statutory auditors pursuant to Art. 2408 of the Italian Civil Code and complaints to the courts pursuant to Art. 2409 of the Italian Civil Code;
• opposition to mergers, demergers and transformations;
• establishment of a state of dissolution of a company and appointment of liquidators;
• proceedings in which professionals are appointed by the court as special receivers or assist the special receiver;
• proceedings before the Companies Register judge, including petitions for registration of amendments to articles of association pursuant to Art. 2436 of the Italian Civil Code;
• advice for shareholders in exercising their company rights, such as the right to convene the shareholders’ meeting and the right to withdraw.