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International corporate law
Business Setup and Support in Italy Company Registration in Italy

Yaroslav Shevel

Lawyer

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shevel@prikhodko.com.ua

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An expert in corporate and international corporate law. He has many years of experience in establishing and reorganizing companies, supporting M&A transactions, as well as providing legal support for opening and running a business in the EU, Asia, and North America.

Company Registration in Italy

The process of setting up a company in Italy is governed by Italian law, in particular the Civil Code (Codice Civile) and other regulations that define the legal framework for various forms of business:

Italian Civil Code (Codice Civile): Defines the legal aspects of different forms of companies, their creation, management and liquidation.
Company Law (Legge sulle Società): Regulates specific aspects of company activities, such as mergers, acquisitions and bankruptcy.
Tax Code (Codice Tributario): Defines the tax obligations of companies and the procedure for their payment.
Labor Law (Legge sul Lavoro): Regulates employment relationships, including working conditions, wages, and social security.

The first step in registering a company in Italy is choosing a business form

Italy offers several types of companies, each with its own characteristics and requirements:

Società a responsabilità limitata (Srl)

Srl is the equivalent of a private limited company. It is the most popular business form in Italy for small and medium-sized businesses.

The main characteristics of Srl include:

Minimum authorized capital: 1 euro (since 2012).
Liability: Owners are liable only to the extent of their contribution to the authorized capital.
Number of participants: Both sole proprietorship and multiple participants are possible.

Public limited company (SpA)

SpA is the equivalent of a public limited company. This form of business is suitable for large companies that plan to raise investment through the stock market.

The main characteristics of SpA include:

Minimum authorized capital: 50,000 euros.
Liability: Shareholders are liable only to the extent of their contribution to the share capital.
Number of shareholders: At least one.

Società in nome collettivo (Snc)

Snc is a form of partnership where all partners have unlimited liability. This business form is suitable for small companies where the partners have close personal ties.

Società in accomandita semplice (Sas)

Sas is a form of partnership that combines elements of Snc and Srl. It has both general partners with unlimited liability and limited partners with limited liability.

Please note that the minimum share capital to form a Società a responsabilità limitata (Srl) in Italy is generally €10,000.

However, according to article 2463, paragraph 5 of the Italian Civil Code, the establishment of an Srl with a capital of less than 10,000 euros but not less than 1 euro is allowed, subject to the following conditions:

Contributions in non-cash form are not allowed;
Cash contributions must be fully paid into the company’s cash register;
20% of net profit each year must be directed to a special reserve until the total capital reaches 10,000 euros;
This reserve can only be used to increase the authorized capital or cover losses.

There is also a simplified Srl (Srls) form, intended for individuals, with a share capital of 1 to 9,999 euros. However, Srls cannot have founders who are legal entities.

Thus, the minimum authorized capital for an SRL can be from 1 euro, provided that the above requirements are met.

Preparation of documents

After choosing a business form, it is necessary to prepare a number of documents that are mandatory for registering a company in Italy:

Company Charter

The charter is the main document that defines the rules and structure of the company.

It must contain the following information:

Company name: Must be unique and comply with Italian regulations.
Location: The address where the company is registered.
Purpose of activity: Main areas of activity of the company.
Authorized capital: The size and structure of capital.
Organizational structure: Information about the company’s management bodies, such as the board of directors and audit committee.
Rights and responsibilities of participants: Definition of the rights and responsibilities of each participant.

Identification documents

It is necessary to prepare copies of passports or other identity documents for all participants and company managers.
Documents confirming the location – this can be a lease agreement or other documents confirming the location of the company.

Registration in the company register

Signing the articles of association. The articles of association must be signed by all members of the company and notarized. The notary checks the documents for compliance with Italian law.
Obtaining codes from the tax office. After signing the articles of association, you must register your company with the tax office (Agenzia delle Entrate) to obtain a VAT code (Partita IVA) and a Codice fiscale. This can be done online or through your local tax office.
Registration in the Companies Register (Registro delle Imprese). The company must be registered in the Companies Register, which is maintained in each region of Italy. This can be done through the online portal InfoCamere. The process involves filing the articles of association and other documents with the register.
Obtaining permits and licenses. Depending on the type of business, a company may need additional permits and licenses. This may apply to areas such as the food industry, financial services, healthcare, and others.
Opening a bank account. After registering the company in the Companies Registry, it is necessary to open a bank account for the company. This can be done at any bank in Italy. The bank will check the company’s documents and register the account.

Registration in social funds

The company must register with the social funds (INPS) and insure its employees. This is a mandatory step for all companies that have employees.

It will also be useful: OPENING A BANK ACCOUNT IN ITALY

Tax and accounting

Italy has a complex tax system that includes the following main taxes:

Income tax: 24% for companies.
Value Added Tax (VAT): Rates range from 4% to 22%.
Property tax: Depends on the location and value of the property.

At the same time, the company must keep accounting records in accordance with Italian standards. This includes the preparation of financial statements, such as a balance sheet, profit and loss statement, and other reports.

Legal aspects

Rights and responsibilities

Company owners and managers have certain rights and obligations that are defined by Italian law.

This includes:

Compliance with laws: The company must comply with all Italian laws and regulations.
Tax Payment: Timely payment of all taxes and fees.
Protection of the interests of participants: Protection of the interests of all participants in the company.
Responsibility.

The owners of a company are liable for the actions of the company, but their liability is limited to the authorized capital. The company’s managers can be personally liable for malicious acts or failure to comply with the law.

Features of registration for foreign companies

Foreign companies wishing to register in Italy must comply with additional requirements:

Representation

A foreign company must appoint a representative in Italy who will be responsible for managing the company’s affairs.

Documents

All documents relating to the company must be translated and legalized into Italian.

Compliance with international standards

Foreign companies must comply with international standards and regulations that apply in Italy.

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MARKETING SUPPORT FOR BUSINESS (FIRM) IN ROMANIA MARKETING SUPPORT FOR BUSINESS (FIRM) IN SLOVAKIA MARKETING SUPPORT FOR BUSINESS (FIRM) IN THE CZECH REPUBLIC MARKETING SUPPORT FOR BUSINESS (FIRM) IN THE UAE MARKETING SUPPORT FOR BUSINESS (FIRM) IN TURKEY MARKETING SUPPORT FOR BUSINESS (FIRMS) IN HUNGARY MARKETING SUPPORT OF BUSINESS (Companies) IN SPAIN MARKETING SUPPORT OF BUSINESS (COMPANY) IN DENMARK MARKETING SUPPORT OF BUSINESS (COMPANY) IN ESTONIA MARKETING SUPPORT OF BUSINESS (COMPANY) IN PORTUGAL MARKETING SUPPORT OF BUSINESS (COMPANY) IN THE USA MARKETING SUPPORT OF BUSINESS (COMPANY) IN UK MARKETING SUPPORT OF BUSINESS (FIRM) IN POLAND Nominal service OBTAIN A PERMANENT RESIDENCE PERMIT IN CYPRUS OBTAIN A PERMANENT RESIDENCE PERMIT IN THE UAE Obtain a temporary residence permit in Bulgaria OBTAIN A TEMPORARY RESIDENCE PERMIT IN CYPRUS Obtain a temporary residence permit in Romunia OBTAIN A TEMPORARY RESIDENCE PERMIT IN SLOVAKIA OBTAIN CYPRUS CITIZENSHIP OBTAIN GERMAN CITIZENSHIP Obtain permanent residence in the USA OBTAIN SPANISH CITIZENSHIP Obtain UAE citizenship OBTAIN US CITIZENSHIP Obtaining a gambling license in Oman Obtaining a visa in the United Arab Emirates through real estate Obtaining an AEMI license in the Netherlands Obtaining an EMI license in Malta OBTAINING AN ESTONIAN RESIDENCE PERMIT AND CITIZENSHIP Obtaining Austrian citizenship Obtaining Bulgarian citizenship Obtaining CASP in Austria Obtaining E-residency in Estonia Obtaining Italian citizenship OBTAINING SPANISH RESIDENCE AND CITIZENSHIP Obtaining US residence and citizenship Open an account abroad online – turnkey support Open an Individual entrepreneur in Poland OPENING A BANK ACCOUNT FOR A GAMBLING BUSINESS Opening a bank account for legal entities in Austria Opening a bank account for legal entities in Bulgaria Opening a bank account for legal entities in Germany Opening a bank account for legal entities in Hungary Opening a bank account for legal entities in Italy Opening a bank account for legal entities in Oman Opening a bank account for legal entities in Portugal Opening a bank account for legal entities in Romania Opening a bank account for legal entities in Slovakia Opening a bank account for legal entities in Spain Opening a bank account for legal entities in the Czech Republic OPENING A BANK ACCOUNT IN AUSTRIA Opening a bank account in Belgium OPENING A BANK ACCOUNT IN BULGARIA Opening a bank account in Croatia OPENING A BANK ACCOUNT IN CYPRUS OPENING A BANK ACCOUNT IN DENMARK Opening a bank account in El Salvador OPENING A BANK ACCOUNT IN ESTONIA Opening a bank account in France OPENING A BANK ACCOUNT IN GERMANY OPENING A BANK ACCOUNT IN GREAT BRITAIN OPENING A BANK ACCOUNT IN HUNGARY Opening a bank account in Ireland OPENING A BANK ACCOUNT IN ITALY Opening a bank account in Latvia Opening a bank account in Lithuania for business Opening a bank account in Luxembourg Opening a bank account in Malta Opening a bank account in Oman OPENING A 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Abroad Opening an account in Finland Opening an account in payment systems Opening an account in Payoneer for entities Opening an account in the payment system Opening of a branch of the company in Poland Opening of a sole proprietorship in Germany Opening of an individual enterprise in the Czech Republic Opening of an outsourcing IT company Optimization of the tax burden in the UK Peculiarities of concluding SAFE and SAFT contracts Peculiarities of taxation of Ukrainians in Latvia Permanent residence in Austria PERMANENT RESIDENCE PERMIT IN DENMARK PERMIT TO WORK IN ESTONIA PERMIT TO WORK IN TURKEY Permit work in Hungary Personal and corporate taxes in Oman Placement of funds for Ukrainians abroad in a European bank: Italy Placement of funds for Ukrainians abroad in a European bank: Poland Placement of funds for Ukrainians abroad in a European bank: Spain Placement of funds for Ukrainians abroad: Great Britain Placement of funds for Ukrainians abroad: Romania Preparation of POF/SOW and the AML package for the bank Proof of origin of funds in the UK PURCHASE OF EXISTING BUSINESS IN AUSTRIA PURCHASE OF EXISTING BUSINESS IN DENMARK PURCHASE OF EXISTING BUSINESS IN TURKEY Register a company in England Register a company in Hong Kong Register a company in the USA REGISTERING A BANK ACCOUNT IN HONG KONG Registering a business in Oman REGISTRATION OF A BUSINESS (FIRM) IN POLAND REGISTRATION OF A BUSINESS (FIRM) IN THE CZECH REPUBLIC REGISTRATION OF A BUSINESS IN THE UK Registration of a company (LLC) in Austria Registration of a company (LLC) in Cyprus REGISTRATION OF A COMPANY IN BULGARIA Registration of an association providing p2p services in Poland Registration of an entrepreneur in the Netherlands Registration of an IE in Great Britain Registration of an individual entrepreneur for IT in Europe Registration of an individual entrepreneur in Austria Registration of an individual entrepreneur in Latvia REGISTRATION OF AN INDIVIDUAL ENTREPRENEUR IN SPAIN Registration of an individual entrepreneur in Turkey Registration of an LLC (BV) in the Netherlands Registration of an offshore company Registration of individual entrepreneurs (analogue) in Bulgaria Registration of LLC in Great Britain REGISTRATION OF THE COMPANY (LLC) IN THE CZECH REPUBLIC Relocation of business to Europe Relocation of business to the territory of the European Union RENT ADDRESS FOR THE COMPANY VIRTUAL OFFICE IN AUSTRIA RENT ADDRESS FOR THE COMPANY VIRTUAL OFFICE IN TURKEY RENT ADDRESS FOR THE COMPANY. VIRTUAL OFFICE IN BULGARIA RENT ADDRESS FOR THE COMPANY. VIRTUAL OFFICE IN CYPRUS RENT ADDRESS FOR THE COMPANY. VIRTUAL OFFICE IN GERMANY RENT ADDRESS FOR THE COMPANY. VIRTUAL OFFICE IN ITALY RENT ADDRESS FOR THE COMPANY. VIRTUAL OFFICE IN POLAND RENT ADDRESS FOR THE COMPANY. VIRTUAL OFFICE IN ROMUNIA RENT ADDRESS FOR THE COMPANY. VIRTUAL OFFICE IN SLOVAKIA RENT ADDRESS FOR THE COMPANY. VIRTUAL OFFICE IN THE CZECH REPUBLIC RENT ADDRESS FOR THE COMPANY. VIRTUAL OFFICE IN THE UAE RENT ADDRESS FOR THE COMPANY. VIRTUAL OFFICE SWITZERLAND RENT OF A LEGAL ADDRESS IN DENMARK RENT OF A LEGAL ADDRESS IN UK RENT OF ADDRESSES FOR THE COMPANY. VIRTUAL OFFICE IN ESTONIA RENT OF ADDRESSES FOR THE COMPANY. VIRTUAL OFFICE IN HUNGARY RENT OF ADDRESSES FOR THE COMPANY. VIRTUAL OFFICE IN PORTUGAL RENT OF ADDRESSES FOR THE COMPANY. VIRTUAL OFFICE IN SPAIN RENT OF ADDRESSES FOR THE COMPANY. VIRTUAL OFFICE IN THE USA RENT OR BUY REAL ESTATE (APARTMENT, HOUSE, OFFICE, WAREHOUSE) IN ESTONIA RENT OR BUY REAL ESTATE (APARTMENT, HOUSE, OFFICE, WAREHOUSE) IN SPAIN RENT OR BUY REAL ESTATE (APARTMENT, HOUSE, OFFICE, WAREHOUSE) IN THE USA RENT OR BUY REAL ESTATE (APARTMENT, HOUSE, OFFICE, WAREHOUSE) IN TURKEY RESIDENCE PERMIT IN HUNGARY RESIDENCE PERMIT IN SLOVAKIA Scaling your business abroad SELECTING PROPERTY TO BUY OR RENT IN SWITZERLAND SELECTING PROPERTY TO BUY OR RENT IN TURKEY SELECTION OF PROPERTY TO BUY OR RENT IN BULGARIA SELECTION OF PROPERTY TO BUY OR RENT IN CYPRUS SELECTION OF PROPERTY TO BUY OR RENT IN HUNGARY SELECTION OF PROPERTY TO BUY OR RENT IN ITALY SELECTION OF PROPERTY TO BUY OR RENT IN POLAND SELECTION OF PROPERTY TO BUY OR RENT IN ROMUNIA SELECTION OF PROPERTY TO BUY OR RENT IN SLOVAKIA SELECTION OF PROPERTY TO BUY OR RENT IN THE UAE SELECTION OF REAL ESTATE FOR BUYING OR RENTING IN AUSTRIA SELECTION OF REAL ESTATE FOR BUYING OR RENTING IN DENMARK SELECTION OF REAL ESTATE FOR PURCHASE OR RENT IN ESTONIA SELECTION OF REAL ESTATE FOR PURCHASE OR RENT IN PORTUGAL SELECTION OF REAL ESTATE FOR PURCHASE OR RENT IN THE USA SELECTION OF REAL ESTATE TO BUY OR RENT IN THE CZECH REPUBLIC Self-Employed Person (SEP) in Malta TAX ADVICE IN BULGARIA TAX ADVICE IN CYPRUS TAX ADVICE IN GERMANY TAX ADVICE IN ITALY TAX ADVICE IN ROMANIA TAX ADVICE IN SLOVAKIA TAX ADVICE IN SWITZERLAND TAX ADVICE IN THE CZECH REPUBLIC TAX CONSULTATION IN AUSTRIA TAX CONSULTATION IN DENMARK TAX CONSULTATION IN ESTONIA Tax consultation in Europe TAX CONSULTATION IN HUNGARY TAX CONSULTATION IN POLAND Tax consultation in Saudi Arabia TAX CONSULTATION IN SPAIN TAX CONSULTATION IN THE USA TAX CONSULTATION IN TURKEY Tax consulting in India TAX IN PORTUGAL Tax optimization in Latvia Tax structuring in Belgium Tax structuring in Finland Tax structuring in France Tax structuring in Lithuania Tax structuring in Luxembourg Tax structuring in Slovenia Tax structuring in the Netherlands Tax system for Ukrainians in Italy Tax system in Cyprus Tax system in Malta Taxation for Ukrainians in the Czech Republic Taxation of Ukrainians in Britain Taxation of Ukrainians in Estonia Taxation of Ukrainians in Germany TAXATION SYSTEM FOR UKRAINIANS IN SPAIN TEMPORARY RESIDENCE PERMIT IN DENMARK TEMPORARY RESIDENCE PERMIT UN AUSTRIA The opening of the GmbH in Germany The system of taxation of Ukrainians in Austria The system of taxation of Ukrainians in Slovakia The system of taxation of Ukrainians in Slovenia The taxation system for Ukrainians in Canada The taxation system for Ukrainians in Croatia The taxation system for Ukrainians in Ireland The taxation system in Austria To obtain a citizenship of Great Britain Trademark registration in France Transfer of corporate rights to a foreign holding company Transferring business assets to another country Transferring business assets to the UK UAE TAX ADVICE UK TAX ADVICE VERIFICATION OR DUE DILIGENCE OF PROPERTY IN BULGARIA VERIFICATION OR DUE DILIGENCE OF PROPERTY IN CYPRUS VERIFICATION OR DUE DILIGENCE OF PROPERTY IN ITALY VERIFICATION OR DUE DILIGENCE OF PROPERTY IN THE UK VERIFICATION OR DUE DILIGENCE OF REAL ESTATE IN GERMANY VERIFICATION OR DUE DILIGENCE OF REAL ESTATE IN HUNGARY VERIFICATION OR DUE DILIGENCE OF REAL ESTATE IN POLAND VERIFICATION OR DUE DILIGENCE OF REAL ESTATE IN ROMUNIA VERIFICATION OR DUE DILIGENCE OF REAL ESTATE IN SLOVAKIA VERIFICATION OR DUE DILIGENCE OF REAL ESTATE IN SWITZERLAND VERIFICATION OR DUE DILIGENCE OF REAL ESTATE IN THE CZECH REPUBLIC VERIFICATION OR DUE DILIGENCE OF REAL ESTATE IN THE UAE Virtual address for business in Luxembourg Virtual office in Belgium Virtual office in Croatia Virtual office in Finland Virtual office in France Virtual office in Latvia Virtual office in Malta Virtual office in Slovenia Virtual office in the Netherlands WORK PERMIT IN AUSTRIA WORK PERMIT IN CYPRUS WORK PERMIT IN DENMARK Work permit in Germany Work permit in Italy WORK PERMIT IN PORTUGAL Work permit in Romunia Work permit in Slovakia WORK PERMIT IN SPAIN WORK PERMIT IN SWITZERLAND WORK PERMIT IN THE CZECH REPUBLIC WORK PERMIT IN THE UAE Work Permit in the USA (EAD) WORK PERMIT IN UK