Full Service Law Firm in Italy

Studio Misuraca & Associates Law Firm - SMAF

Main Office
Via Monti, 8
Milan 20123
Italy

+39 02 00615017

+39 02 700508100

www.smaf-legal.com

Contact Dr. Francesco Misuraca

Law Firm Overview FREE CONSULTATION

Studio Misuraca & Associates Law Firm - SMAF is dedicated to serving the legal needs of our clients in an ethical and professional manner, and promptly responding to our clients' inquiries and requests for assistance. We are committed to legal excellence and client satisfaction.

The people composing SMAF believe that its continued professional growth is the result of its faithful commitment to meet the diversity and challenges of practicing law in the present times, by providing clients with a wide range of professional services and increased specialization. The strong bond and the team spirit among the members of SMAF and associates law firm is the most profound asset.

SMAF has developed and constantly is developing into a very pre-eminent firm in Italy, because its attorneys are top courtroom advocates, respected legal scholars, skilled managers of complex litigation, and are active leaders of many bar associations. The firm is pleased to offer its clients the very best legal counsel available, which means hiring the most qualified attorneys and support staff. Attorneys are organized by practice area to take the best advantage of their particular legal expertise.

The firm’s law and motions/appellate department works with all practice areas. Thus, SMAF unflagging dedication to legal excellence, the perseverance of its attorneys and support staff, and its attention to each client’s individual needs all contribute to the firm’s reputation.

Year this Office was Established: 2002

Languages: Italian, English, French, Spanish.

Areas of Law

Areas of Law Description

Our law services in the different practice areas include:

- Taxation

Studio Legale Misuraca Franceschin & Ass. is a law firm in Italy composed by lawyers and accountants offering the following services to Italian companies exporting or investing abroad and to foreign companies exporting or investing in Italy.

*Balances
The law firm gives support in drawing up the balance sheet, support in drawing up consolidate balance and extraordinary financial statements, customer accounting and managerial assistance as concerns start up, budget planning and period report, control on the managerial and account procedures, help with budget asset, adoption of a bilingual accounting program, and financial planning and support with the financial statement.

*Drafting of business plan and feasibility studies
Drafting of business plan and feasibility studies for the submission of projects for programs in favour of companies financed by national, international banks, public and private entities, European Union.

*Consultancy and assistance on commercial and company law
The law firm operates in the field of Company setting up in Italy and in other countries, evaluating the best company asset, company and partners tax analysis and documents fulfillment, of organization of both ordinary and extraordinary assemblies, of organization of board of directors - support for fiscal planning in case of share's transfer, of support in preparing contract able to optimize both the economic and fiscal results, of advisory and support as concerns the authorized capital (capital rises, reductions, losses, partners‚ contributions), of contract drawing up and support during negotiations, and of legal assistance.

*Consultancy and assistance for extraordinary procedures
The law firm performs legal services relating to merger (national and international), to acquisition, splitting up, conferring of corporate branches, transformation and liquidation of company, corporate branches or contributions estimate, support to manage with generational problems or company expansion, corporate and fiscal support as it concerns the development of Italian companies abroad and foreign companies in Italy (start-up, joint-ventures, commercial agreements, company associations).

*Consultancy and assistance for fiscal law
The law firm gives legal assistance as it concerns fiscal problems related to the corporate ordinary activity as well as extraordinary activities both national and international, gives support with managerial decisions in order to optimize the fiscal impact, does the drawing up of fiscal statements or assistance for the customer that use to do it on their own, and operates in the field of fiscal planning both national and international - tax audit.

- EU Regulations

We assist clients in the following matters:

• Antitrust and commercial advising
• Assistance before EU courts
• Extra judicial assistance
• EU financing assistance
• Notifications to the EU Commission
• Notifications for certificates and licenses to the Italian Competition Authority
• Advising on abuse of dominant position
• Drafting and reviewing commercial agreements from an Italian and EU Competition law perspective
• Assisting clients with complaints of anti-competitive behavior
• Advising clients on freedom to establish and provide services in EU member states
• Representing clients before the EU Commission and the Italian Competition Authority

- Real Estate

Our real estate practice includes:

• Counseling on real estate transactions
• Drafting of lease contracts, sale, building and relating assistance

Legal Advisor role of our law firm in Italy (Milan, Bologna, Padova) in the typical transaction is as follows. A client advised by a lawyer shall never forget the significant role played by property matters, which can interfere with a dispute managed by his attorney. Namely, enforcement of judgment suggests the extreme importance of a legal advice on property rights. Property signifies dominion or right of use, control, and disposition, which one may lawfully exercise over things, objects, or land.

- Computer Law

Our computer lawyers are experienced on a wide range of legal activity including:

• Clarification of contractual rights and obligations
• Development and Licensing Agreements
• Licensing of technology owned by third parties
• Protection of ownership rights in high technologies
• Purchasing, Leasing and Service Agreements
• Statement of Work(s)
• Domain name and cyber-squatting issues
• E-Commerce and electronic transaction agreements
• Internet development and licensing agreements
• Shared content Agreements
• Usage agreements and privacy policies
• Web hosting and ISP agreements
• Application Service Provider (ASP) Agreements
• Creation and Development Agreements
• Firmware Agreements

- Copyright

Our lawyers have expertise in copyright matters, including:

• Copyright registration
• Copyright clearance
• Copyright sales and transfers
• Licensing of copyrighted works
• Obtaining permission for use of third party works
• Proof of creation and ownership
• Protection from infringement by third parties
• Trademark registration
• Counselling and advice for creators and inventors
• Legal representation and advice for entertainers

- Corporate Law

Corporate law is the body of law developed to govern the creation and existence of corporate entities and commercial transactions. Legal Advisor role of our law firm in Italy (Milan, Bologna, Rome) in the typical transaction is as follows:

• Corporate entity formations and dissolutions
• Corporate financing and leasing agreements
• Entrepreneur advice and counsel
• Partnership and joint venture agreements
• Shareholder agreements
• Strategic alliance agreements
• Mergers, take-overs and acquisitions
• Management buy-outs
• Joint ventures and partnerships
• Insolvency and company re-organization
• Inward investment into Italy

- Intellectual Property

The lawyers in our firm have the background and experience to handle your intellectual property needs.

• Copyright and trademark searches and registration
• Creation and development agreements
• Infringement protection
• Intellectual property licensing
• Non-disclosure agreements
• Trade secret protection
• Service marks
• Patents
• Industrial designs
• Database rights
• Protection of confidential information, goodwill and corporate know-how
• Freedom of information and related rights and obligations
• Establishing, enforcing and protecting intellectual property rights and related litigation

- Trademark

Our lawyers have extensive experience in trademark law, including:

• Internet domain name trademark registration
• Trademark co-branding agreements
• Trademark licensing
• Trademark registration
• Trademark searches

- International Transactions

• Distribution agreements
• Leasing agreements
• Outsourcing agreements
• Purchasing and sales agreements
• Resale agreements
• Requests for proposals and quotations

- Debt Collection

available to recover debts in all Italian regions on behalf of those international companies importing or exporting or investing in Italy, which often have to collect credits for loss of payments or for importation of goods with defects. At the regard of costs, procedures and timeshare of debt recovery in Italy, Studio Legale Misuraca & Associates will previously explain to foreign clients all costs, applicable procedures of Italian legislation and timetable for debt collection in Italy.

- Securities and Insider Trading

Securities and Insider Trading involves stock swindles, insider trading and false reporting by corporations and auditors. Our Lawyers in Italy (Milan, Bologna, Padova) usually have a long history of working to compensate victims of the illegal actions of corporations and their agents.

- Maritime Law

Maritime law is the distinct body of law (both substantive and procedural) governing navigation and shipping. Topics associated with this field in legal reference works may include: shipping; navigation; waters; commerce; seamen; towage; wharves, piers, and docks; insurance; maritime liens; canals; and recreation. Piracy (ship hijacking) is also an aspect of Maritime law. The state laws worldwide seek to create a uniform body of Maritime law both nationally and internationally in order to facilitate commerce. Legal Advisor role of our law firm in Italy (Milan, Bologna, Padova) regards how, under different State laws, the ship's flag determines the source of law. For example, a ship flying the Italian flag in the Persian Gulf would be subject to Italian Maritime law; and a ship flying a Norwegian flag in American waters will be subject to Norwegian admiralty law.

- Antitrust Law

We assist clients in the following matters:

• Merger control
• Regulatory investigations and appeals including cartels
• Antitrust and competition litigation
• Criminal anti trust
• General advisory work, and compliance planning and training

- Criminal Law

Criminal law involves prosecution by the government of a person for an act that has been classified as a crime. Civil cases, on the other hand, involve individuals and organizations seeking to resolve legal disputes. In a criminal case the state, through a prosecutor, initiates the suit, while in a civil case the victim brings the suit. Persons convicted of a crime may be incarcerated, fined, or both. However, persons found liable in a civil case may only have to give up property or pay money, but are not incarcerated. A "crime" is any act or omission (of an act) in violation of a public law forbidding or commanding it. Though there are some common law crimes, most crimes in the worldwide different laws are established by local, state, and federal governments.

- Commercial Law and Property

Commercial law governs the broad areas of business, commerce, and consumer transactions. Specific laws worldwide have been developed in a number of commercial fields. These include: Banking, Bankruptcy, Consumer Credit, Contracts, Debtor and Creditor, Landlord-Tenant, Mortgages, Negotiable Instruments, Real Estate Transactions, Sales and Secured Transactions. Legal Advisor role of our law firm in Italy (Milan, Bologna, Padova) in the typical transaction is as follows: reporting on enforceable assets, taxation advising, environmental and finance projecting, joint venture arrangement and, generally speaking, the assessment on every scheme of legal check on consistency and reliability of partners with regard to their commercial property.

- Employment

Our employment practice includes:

• Drafting terms and conditions of employment
• Drafting employee hand books
• Drafting codes of practice, including email and internet use
• Drafting disciplinary codes and employment procedures
• Termination of employment and related disciplinary procedures
• All aspects of the relevant employment and equality legislation
• Health and safety legislation and regulations
• Representation before the employment tribunals and the courts
• Termination and severance agreements
• The transfer of undertakings regulations
• Rationalization of employment
• Implementation of new management structures
• Contractual interpretation and revision of employee benefits

- Immigration

We handle the following matters:

• Submission of official Visa application
• Check of Visa requirements of alien businessman
• Soliciting cards and permits
• Visa litigation

- M & A

Legal Advisor role of our law firm in Italy (Milan, Bologna, Rome) are as follows:

• To determine the strategy in selling, finding the strategic partner and merging the client company. Many times the needs and wishes of a seller will limit the market to a particular type of company.
• To value the subject company for different types of buyers, i.e., fair market, investment, strategic, public or private.
• To develop a marketing package, including an offering memorandum which provides the value of the company.
• To analyze the potential acquirer, merger partner, or other player to make certain that there is a strategic fit.
• To structure, negotiate and close the transaction.

Lawyers

Dr. Francesco Misuraca
Lawyer
Administrative Law, Advertising, Agency and Distributorship, Alternative Dispute Resolution, Antitrust and Trade Regulation