Generally speaking, most foreign citizens are allowed to set up a business in Italy. We will limit this paper to the case of foreign companies willing to start operating in Italy. Basically, there are three ways by which such aim can be reached: either (a) opening a branch office or (b) incorporating a subsidiary company or (c) purchasing an existing company.
Business clients dealing with international trade frequently asked us whether an independent bank guarantee issued under the URDG 758 (the ICC Uniform Rules for Demand Guarantees 2010) is valid, binding and enforceable under the Italian law or not and, if not, whether and how it can be amended in order to ensure it is valid, binding and enforceable as an independent bank guarantee under the Italian law.
In the business world, legal advice is often a material issue in ensuring success and compliance with laws. However, hiring in-house counsels can be costly and difficult, especially for small and medium-sized businesses.