Financial market law

Civale Associati provides assistance in legal and regulatory framework to banks, asset management and investment firms (SIMs), asset management companies (SGR), EU and non-EU investment firms in the fields of investment services and accessory services, structuring and distribution of illiquid or complex financial products, asset management, organisation and management of networks of tide agents, derivative products, private banking, promotion and placing of financial and insurance products, applications for authorizations with the various competent authorities. The Firm also provides assistance to listed issuers, banks and intermediaries in the fields of financial products’ public offering, financial instruments’ issuing, structured finance and bank financing transactions.

Corporate governance

Civale Associati provides legal assistance and advice on corporate governance of banks, financial intermediaries and listed issuers, with specific reference to the structuring of the management and control system, identification and definition of the tasks and powers of the corporate bodies, informations’ flows, internal governance, composition and appointment of corporate bodies, requirements for corporate officers, evaluation of the corporate bodies, liability of corporate officers. The Firm also has developed specific experience on the discipline of risk assets and conflicts of interest in banks, transactions with related parties, interlocking directorates, regulation of “banche popolari”, banking groups and financial groups.

Corporate and commercial law

Civale Associati offers qualified legal assistance in the field of corporate and commercial law. In this area of law, the Firm advises its corporate clients on the definition of statutory frameworks and shareholders’ agreements, corporate deals, mergers, acquisitions, transfer of assets or shares, joint ventures, investment agreements, corporate restructurings, liability claims, drafting of commercial agreements.

Insolvency and pre-insolvency proceedings

Civale Associati provides legal assistance to its clients, both in transactional and litigation matters, in the fields of insolvency and pre-insolvency proceedings, negotiation of out-of-court settlements, management of bankruptcy and pre-bankruptcy settlements, revocation actions, claims/revendications and restitutions, opposition to the liabilities assessment – “opposizione allo stato passivo” -, pending contracts’ regime in pre-bankruptcy settlements.

Anti-money laundering law

Civale Associati gained extensive experience and expertise with reference to domestic and EU
anti-money laundering and and counter-terrorism financing prevention regime. The Firm assists banks, financial intermediaries, trust companies, Payment Services Providers, and e-money Issuers in order to accomplish legal provisions with reference to customer due diligence, recording and archiving of data and reporting of suspicious transactions. The Firm also assists its clients in the framework of the sanction proceedings before the supervisory authorities and in the judicial phase.

Market Abuse

Civale Associati provides legal advice in market abuse field, assisting its clients in accomplishing domestic and EU legal provisions. Moreover, the Firm assists its clients in the framework of the sanction proceedings before the supervisory authorities and in the judicial phase.

Intellectual property rights and copyright law

Civale Associati provides legal advice and assistance in the field of intellectual property . The Firm is specialized in the protection of intellectual property and copyright, in the drafting of publishing contracts and contracts between producers, artists and performers, licensing and distribution of audio and video recordings agreements, as well as in managing relations with SIAE and “colletting” societies. The Firm has developed a specific expertise in the distribution of audio and video content via digital platforms and computer systems, assisting leading producers of phonograms and music aggregators.

Employment Law

Civale Associati provides legal advice and assistance in the field of employment law. The Firm provides legal advice and assistance before the Courts in the fields of networks of credit brokers and finance agents, employment relationships, relationships between directors and companies, disciplinary sanctions, individual and collective lay-offs, remuneration and inducement policies.

Litigation and arbitration

Civale Associati provides assistance to its clients for claims and disputes taken to Court and in arbitration proceedings in the fields of:

• banking services and products (prohibition of capitalization of interest, usury, leasing, payment services)
• investment services (financial instruments’ placement, derivative products, tide agents’ unlawful conduct, financial instruments’ issuing and public offer)
• commercial law (commercial agreements, disputes between associates, shareholdings’ assignment, shareholders’ agreements and investment agreements, liability action against the Board of Directors, unfair competition, breach of non-competition agreements)
• insolvency and pre-insolvency proceedings (revocation actions, opposition to the liabilities assessment – “opposizione allo stato passivo” -, pending contracts’ regime in pre-bankruptcy settlements)
• intellectual property rights and copyright law (legal actions against infringing parties of intellectual property rights – both “diritti primari” and “diritti connessi” -, plagiarism, unauthorised use of copyright)

The Firm ensures legal assistance in claims and disputes all over the country. Furthermore, Civale Associati provides assistance to its clients in sanction proceedings before the supervisory authorities and in the judicial phase.