SMAF & Associati, Studio Legale

Full-Service Law Firm in Italy

SMAF & Associati, Studio Legale

Main Office
Via Monti, 8
Milan 20123

Phone+39 (02) 0061-5017
Fax +39 (02) 7005-0810

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Other Offices: Rome  

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Law Firm Overview

At SMAF & Associati, studio legale (SMAF), we’re committed to meeting our clients’ wide variety of needs with efficiency, professionalism, and ethical practices.
We provide service in a wide range of practice areas, including business and commercial law, real estate, criminal law, EU regulations and international transactions, immigration, and more. We are one of Italy’s leading law firms, with a powerful reputation for success.

We put an emphasis on our teams’ ongoing professional development. Our attorneys and consultants work to stay on top of all legal developments in their respective focus areas, serving as respected scholars and bar association leaders, in addition to being successful courtroom advocates. We strive towards excellence in all areas, allowing us to provide you with the highest quality legal representation.

Attorney Misuraca and SMAF & Associates have devoted their firm to protecting the rights of clients, and early on established large settlements and verdicts for clients. The firm's attorneys argue cases in various cities across the state of Italy and have developed an intimate knowledge of Italian and foreign courts, specialists and experts, that has affected the outcome of many cases and ably served so many in need. SMAF & Associates Law's commitment to clients is such that its attorneys often refer cases to other firms when they feel a successful outcome demands it, and their Italy office regularly hosts clients in vocational training, a testament to the firm's genuine care for client success both during and after the case.

Italian and foreign commercial clients face both a long and painful road to litigation and debt recovery, and ought not to leave any money on the table when litigating against those at fault. SMAF & Associates Law has given its more than 15 years of expertise to the honorable work of recovering the client just compensation, price, credit or damages compensation or in the process earning thousands of grateful clients and a reputation respected by Italian and foreign commercial companies and honored in the community at large.
SMAF is a truly international firm, with offices in Hangzhou, China, as well as across Italy. Reaching across borders is important to us, and we want to be where our clients need us. When it comes to having a legal partner with real knowledge and experience in Italian, European, and global business matters, our firm is proud to stand at the head of the pack.

On the other hand, SMAF & Associates Law Office has proudly served Italian and foreign residents in domestic law, for more than 15 years with its expertise of Commercial law in Italy and in various EMEA foreign laws. Along with the serious and aggressive dedication of attorneys with a true passion for helping clients pursue their just and deserved commercial aims. Attorneys Francesco Misuraca of SMAF & Associates and his team of attorneys have delivered detailed and assertive litigation in Italy-area courts that inspires respect among Italian and foreign commercial companies, the product of a commitment and drive that continues to serve the clients and disabled all throughout Italian and foreign.

Year this Office was Established: 2002

Languages: Italian, English, French, Spanish, German, Chinese

Areas of Law

Additional Areas of Law: EU Regulations, Computer Law, International Transactions, Debt Recovery; Securities and Insider Trading, Public Tendering; Commercial Property, Assistance Before Domestic And Overseas Courts, Domestic And Overseas Arbitrate Assistance, International Contracts, International Tax Planning, Trust, M&A, Project Financing, Financing Contracts And International Banking Relationship Assistance, Real Estate, Counseling On Real Estate Transactions, Drafting Of Lease Contracts, Sale, Building And Relating Assistance, Trademark And Patent Registration, Advising, Patent Licenses And Patent Application Drafting, Criminal Law, Company Torts.

Areas of Law Description

Our law services in the different practice areas include:

- Taxation

Studio Misuraca, Attorneys Firm 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.

- Real Estate

Legal Advisor role of our law firm in Italy (Milan, Bologna, Rome) 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.

- Corporate Law

Corporate law is the body of law developed to govern the creation and existence of corporate entities and commercial transactions.

- 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 Misuraca, Attorneys Firm 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, Rome) 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, Rome) 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.

- 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, Rome) in the typical transaction is as follows: reporting of enforceable assets, taxation advising, environmental and finance projecting, joint venture arrangement and, generally speaking, the assessment on every scheme of legal check on the consistency and reliability of partners with regard to their commercial property.


Francesco Misuraca Dr. Francesco Misuraca
Administrative Law, Admiralty and Maritime, Advertising, Agency and Distributorship, Alternative Dispute Resolution

Of Counsel

Antonio Faraudo Prof. Antonio Faraudo
Of Counsel
Aerospace Law, Alternative Dispute Resolution, Animal Law, Antitrust and Trade Regulation, Appellate Practice


Yuverqui Ponce Polanco Dr. Yuverqui Elizabeth Ponce Polanco
Asset Protection, Bad Faith Insurance, Banking and Finance, Banking Law, Bankruptcy


  • International Business Lawyers
  • American Philosophical Association
  • International Tax Planning Professionals
  • International Association for Artificial Intelligence and Law

More Information on SMAF & Associati, Studio Legale

Real Estate
Intellectual Property
Maritime Law
Anti-Trust Law
Criminal Law

Articles Published by SMAF & Associati, Studio Legale

 Preliminary Contract of Sale and Definitive Sale of Immovable Property in Italy

In Italy there are two main steps in purchase of a property: preliminary sale and definitive sale. As per Italian Civil Code the Preliminary Contract has binding effects, in fact, though property sale is not complete by a Compromesso, it forces the parties to complete a final Sale Contract (the Rogito).

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 The Role of Notary in Real Estate Contract Sale in Italy

The role of Notaio in Italy is to witness and validate the signature of the title deed (the Rogito) of the immovable property and other administrative functions; the Notaio, is a public official but charges fees for his services.

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 Lease Agreement of Immovable Property in Italy

The term of lease agreements in Italy cannot exceed 30 years.

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 Tax in Real Estate Sales in Italy

When a buyer purchases a building he must pay the Property Registration Tax (Imposta di Registro) or as an alternative the VAT, the Imposta Ipotecaria and the Imposta Catastale.

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 Responsibility for Defects and/or Variations in Construction Works in Italy

Under Italian law, if there are visible defects, the client should not accept the works otherwise he will lose the right to his guarantee. In order to formally contest the works the buyer shall have to notify the contractor through a formal letter of default.

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 Basic Guide to Real Estate Investment in Italy

A basic guidance to Italian legal system of real estate law. In any case, it is advisable to not sign any purchase contract before having the contracts reviewed, it shall be better for a buyer to select an Italian lawyer and send him any documents relating to the immovable property he is going to purchase for review.

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 Enforcement in Italy of Sentences Issued by European Courts

The EC Regulation No. 44/2001 of Dec. 22, 2000 (which substituted Brussel Convention of 27th September 1968) allows the recognition and enforcement in Italy of decisions on civil and commercial matters issued by courts of other member states of European Union.

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 Derivatives Market in Italy

The main tools of Derivatives market in Italy are entering into and executing an ISDA Master Agreement (and the Confirmations under such Master Agreement, the “ISDA agreement”) and a GMRA Master agreement (the “GMRA agreement”) and to perform its obligations under such agreements.

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 Civil and Commercial Lawsuits in Italy

Rules governing procedure of civil actions are set forth in Code of Civil Procedure (C.C.P.), and the judgment rendered in first degree may be appealed to next higher court (these are basic principles).

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 Appeal of Sentences in Italy

Italy legal system provides three grades of judgement.

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 European Economic Interest Groups in Italy (EEIG)

EEIG in Italy ("Gruppo Europeo di Interesse Economico", GEIE) is an associative organization. GEIE or EEIG can exclusively be used within European area, it encourages cooperation between companies, others economic entities, professionals and physical persons even, and its main requirement is that, at least, partners are coming from two States members of the U.E. This tool can be easily employed in the participation to tenders.

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 Civil Litigation in Italy

In order to start a debt collection or a civil lawsuit in Italy is necessary to consider the rules contained in Italian "Codice di Procedura Civile" (Codes of Civil Procedure, C.P.C.).

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