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Legal risk prevention of Chinese-funded Enterprises investments in Italy
°°°°°°°°°°°°°°°
Avv. Marco Mazzeschi
Frequently asked questions
• Can a Chinese company or indivisual open a subsidiary or branch in Italy?
YES
• It is necessary to have an Italian shareholder in the company?
NO
• It is necessary to appoint also an Italian citizen as Director??
NO
• The Chinese directors need to have a visa/permit of stay to be appointed?
NO
• Only if they want to live in Italy (Companies older than 3 years)
• The directors must have a tax code (codice fiscale) even if they do not live in
Italy? YES
• Can a Chinese appointed officer obtain a visa based upon his appointment?
NO
• Only if the company is older than 3 years
• The company must have a physical office upon incorporation
NO
• The registered office can be at the office of a lawyer or CPA
Opening a bank account: why can be so difficult?
Strict money laundering regulations in Europe and Italy
Banks, lawyers, accountants must:
- Know your customer (KYC): identify the beneficial owner. For
companies, trusts, etc. they must take risk-based and adequate
information and measures to understand the ownership and control
structure of the customer
- Assess possible risks: monitor any transactions undertaken
throughout the course of that relationship to ensure that they are
compliant with AML regulations
- Report suspicious transactions: they are obligated to report suspicious
transactions to the Authorities
中资企业对意投资法律风险防范
中资企业对意投资法律风险防范
中资企业对意投资法律风险防范

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中资企业对意投资法律风险防范

  • 1. Legal risk prevention of Chinese-funded Enterprises investments in Italy °°°°°°°°°°°°°°° Avv. Marco Mazzeschi
  • 2. Frequently asked questions • Can a Chinese company or indivisual open a subsidiary or branch in Italy? YES • It is necessary to have an Italian shareholder in the company? NO • It is necessary to appoint also an Italian citizen as Director?? NO • The Chinese directors need to have a visa/permit of stay to be appointed? NO • Only if they want to live in Italy (Companies older than 3 years)
  • 3. • The directors must have a tax code (codice fiscale) even if they do not live in Italy? YES • Can a Chinese appointed officer obtain a visa based upon his appointment? NO • Only if the company is older than 3 years • The company must have a physical office upon incorporation NO • The registered office can be at the office of a lawyer or CPA
  • 4. Opening a bank account: why can be so difficult? Strict money laundering regulations in Europe and Italy Banks, lawyers, accountants must: - Know your customer (KYC): identify the beneficial owner. For companies, trusts, etc. they must take risk-based and adequate information and measures to understand the ownership and control structure of the customer - Assess possible risks: monitor any transactions undertaken throughout the course of that relationship to ensure that they are compliant with AML regulations - Report suspicious transactions: they are obligated to report suspicious transactions to the Authorities