This study explores the regulatory framework governing the indirect ownership of shares issued by limited liability companies classified as SMEs, as outlined in Article 100-ter, paragraph 2-bis and following, of the Italian Consolidated Law on Finance (T.U.F.). The focus is to determine whether this ownership should be regarded as a fiduciary registration. The paper highlights the significance of establishing a stance in the ongoing debate about the “fiduciary vs. non-fiduciary” character of this alternative registration mechanism. This determination hinges on the interpretative approach applied to the fiduciary model. Understanding this aspect is crucial for further analysis of the system’s effectiveness in fostering the development of a secondary market.
Intestazione intermedia delle quote di s.r.l. pmi e schema fiduciario
Chiara Alessio
2024-01-01
Abstract
This study explores the regulatory framework governing the indirect ownership of shares issued by limited liability companies classified as SMEs, as outlined in Article 100-ter, paragraph 2-bis and following, of the Italian Consolidated Law on Finance (T.U.F.). The focus is to determine whether this ownership should be regarded as a fiduciary registration. The paper highlights the significance of establishing a stance in the ongoing debate about the “fiduciary vs. non-fiduciary” character of this alternative registration mechanism. This determination hinges on the interpretative approach applied to the fiduciary model. Understanding this aspect is crucial for further analysis of the system’s effectiveness in fostering the development of a secondary market.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
