Open a Company in Italy
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Your Expert Company Formation Services!
Do you want to open a company in Italy?
All you need to know is here.
Opening a company in Italy can be a complex process due to the legal requirements and regulatory environment. At Italian Business Lawyers, we specialize in assisting entrepreneurs, startups, and established businesses with company formation in Italy. We provide comprehensive legal services that ensure a smooth and compliant setup, no matter the business type. Whether you’re looking to open a Simplified Limited Liability Company (SRLS), a Ditta Individuale (sole proprietorship), a traditional SRL, a branch of a foreign company, or even acquire an existing business, we can guide you through every step of the process.
Why Choose Italy for Your Business?
Italy is not only one of the largest countries in the European Union but also an attractive destination for foreign investments. Known for its Made in Italy products and rich cultural heritage, Italy’s strategic location in the Mediterranean makes it an ideal gateway for access to European, Eastern, and African markets.
Whether you’re a startup or an established multinational corporation, establishing your business presence in Italy offers significant opportunities. The country’s robust workforce, combined with numerous incentives, makes it an appealing base for businesses looking to expand into European markets.
Choosing the Right Location for Your Business in Italy
When selecting a location for your business in Italy, various factors come into play:
- Market Access: Proximity to key customers and suppliers.
- Logistics and Infrastructure: Availability of efficient transportation networks.
- Cost of Living and Operational Costs: Consider the affordability of running your business in different regions.
- Local Regulations: Different cities and regions may have unique regulations that affect your business.
We help you analyze these factors to find the ideal location for your operations.
Setup Your Business in Italy
If you are considering expanding your operations internationally, Italy presents itself as an appealing destination for establishing your business.
From company registration to navigating legal and financial intricacies, there are ample resources available to assist you at every stage of the journey.
Whether you are a startup or an established multinational corporation, establishing your presence in Italy will grant you a solid foothold in the European market while unlocking new opportunities along the way.
Choose Company type based on your needs
Italian Company law allows the opening of:
1. SRL Società responsabilità limitata (Limited Liability Company)
2. SRL Semplificata (Simplified Limited Company)
3. SPA Società per Azioni (Public Limited Company or Stockholding Company)
4. SAPA Società in accomandita per azioni (Limited Partnership with a share)
5. SNC Società in nome collettivo (General Partnership)
6. SAS Società in accomanda semplice (General partnership with share)
7. Società Cooperativa (Cooperative)
8. Ditta individuale (Sole-trader/sole proprietorship)
10. Non-Profit Organization
The SRL and SPA are the most used and preferred, thanks to their members’ limited liability and ease of use for any business.
The S.r.l. is the type of company most frequently chosen by small and medium enterprises.
Depending on whether there are one or more partners, you can choose to set up a multi-incorporator or single-incorporator SRL.
The shareholders can also be persons or companies, including foreign ones.
Share capital can be paid from one euro upwards (Banks will look more favourably at companies with significant share capital to assess their real propensity to the business and to open a credit line).
The S.r.l. is the preferred form for a foreign company that wants to create a subsidiary or a permanent establishment.
Prepare the necessary documents to incorporate the company
Whether you are an individual or a foreign company, our lawyers will guide you through the process of opening a company in Italy and starting a business in just a few steps.
a) We will prepare all the necessary documents, such as the articles of association and memorandum of association, the company directors’ specimen signatures, affidavits, due diligence, and documentation translations.
b) We will obtain a Tax code for each company shareholder and director and a company VAT number from the Tax Office.
c) You will give us a power of attorney to represent you in front of the notary who will stipulate the public deed of incorporation.
d) We will instruct the chartered accountant to prepare the accounting activities necessary for the company, including the registered office and bookkeeping.
e) We will assist you in opening the Italian Bank account and obtain the e-signature mandatory to sign the official company documents
Establish Your Presence in Italy as Foreign Company
Are you a foreign citizen or a foreign company, and do you want to incorporate a company in Italy?
You can choose different business forms. Some, such as the simplified company and the start-up, allow you to receive tax benefits and reductions.
A foreign company that wants to establish its business in Italy can do so through one:
- Branch: which depends entirely on the international company and which must carry out activities strictly connected with the parent company;
- Soft-Branch: which depends entirely on the foreign company and which must carry out only preparatory or auxiliary activities to the main activity carried out abroad;
- Subsidiary: a company with full powers controlled by the foreign mother that can carry out any business;
- Representative office: useful if the international company wishes to entertain relations of representation (e.g. product demonstration, market analysis, etc.).
The foreign company’s director does not have an obligation to reside in Italy.
Nevertheless, it is increasingly common for countries to challenge directors who manage companies abroad to save money due to low taxation (Treaty shopping).
Therefore, the requirements of the country of origin will need to be assessed or a local director appointed.
Buy a Company in Italy
Embark on your journey to acquire a company in Italy with confidence. We will support you with our comprehensive legal expertise and dedicated assistance every step of the way.
Our corporate team specializes in facilitating seamless acquisitions and guiding you through complex legal procedures with clarity and proficiency.
M&A
From preliminary negotiations to the final transaction, we provide tailored legal assistance in mergers and acquisitions (M&A), ensuring compliance with Italian regulations and safeguarding your interests.
Due Diligence
Central to our service is meticulous legal due diligence, conducted with precision to uncover any potential risks or liabilities associated with the target company.
With a thorough understanding of Italian corporate law and market nuances, we navigate complexities and offer strategic insights to optimize your acquisition strategy.
Whether you’re a seasoned investor or venturing into the Italian market for the first time, our unwavering commitment to excellence ensures a smooth and successful acquisition process.
Partner with us today and realize your aspirations in the vibrant landscape of Italian business.
Tax and Accounting Service
When setting up a company in Italy, you must adhere to the Italian Tax law. To complement our legal expertise, we offer comprehensive tax and accounting services tailored to the unique requirements of acquiring and operating a company in Italy.
Our tax professional partners provide strategic advice on optimizing tax structures, minimizing liabilities, and maximizing financial efficiency throughout the acquisition process and beyond.
From navigating complex tax regulations to ensuring compliance with Italian accounting standards, we offer personalized solutions to meet your specific needs.
- Bookkeeping Service
Comprehensive accounting services, including bookkeeping, financial statement preparation, budgeting, and cash flow management. - Financial Reporting
Preparation of financial reports in accordance with Italian accounting standards (e.g., IFRS) or other relevant regulations. - Payroll Processing Managing payroll functions, including calculating salaries, deductions, and withholdings, and complying with Italian labor laws and regulations.
- Tax Disputes Resolutions Representation and assistance in tax audits, disputes, and negotiations with tax authorities to resolve issues efficiently and effectively.
Tenders and Procurements
We provide expert legal assistance in tenders and procurement processes in Italy.
Our Tenders legal team offers invaluable guidance throughout the entire procurement lifecycle, from drafting and reviewing bid documents to navigating complex regulatory frameworks and ensuring compliance with procurement laws and regulations.
With a deep understanding of Italian procurement laws, best practices, and industry trends, we help clients effectively navigate the competitive landscape, mitigate risks, and achieve their procurement objectives efficiently and ethically.
Licenses and Authorizations
In our integrated approach to supporting businesses in Italy, we offer comprehensive legal assistance for obtaining licenses and authorizations essential for operating when setting up a company in Italy within various industries.
Our experienced legal team meticulously guides clients through the process of securing necessary permits, licenses, and authorizations required by Italian law.
Incorporate your Italian Company
tell us about your project, and we will advise you about the best solution suitable for your case
Acquiring a Company in Italy: Mergers and Acquisitions (M&A)
If you’re looking to acquire a company in Italy, we offer comprehensive legal assistance to ensure that the process is seamless. Our M&A services include conducting due diligence to ensure that the company’s financial, legal, and operational aspects are in order before proceeding.
We guide you through every step of the acquisition process:
- Due Diligence: A thorough review of the target company’s financials, legal obligations, and operational history.
M&A Compliance: We ensure that all legal and regulatory paperwork is processed correctly to complete the acquisition smoothly.
Opening a Branch in Italy
If you want to establish a branch of your foreign company in Italy, we guide you through the process. A branch operates as an extension of the foreign parent company but does not form a separate legal entity.
To open a branch, the foreign parent company must pass a resolution that includes details such as the branch location and the appointment of branch officers. The required documents (resolution, articles of association, and certificate of good standing) must be notarized, apostilled, and translated for use in Italy.
Additional requirements:
- Personal Tax Code and VAT Number: The appointed branch officer must apply for a personal tax code and VAT number.
- Certified Electronic Mail (PEC): The branch will need to register for PEC for communication purposes.
Remote Setup with Power of Attorney: You can set up your branch remotely by granting Power of Attorney (POA) to a trusted professional, allowing them to handle all legal formalities on your behalf.
Why Work with Italian Business Lawyers?
Our team provides tailored solutions for your business needs, ensuring compliance with Italian laws while offering full legal support from the initial formation to ongoing operations. We simplify the complex.
- Tailored Legal Solutions: Personalized guidance based on your specific business type and goals.
- SCIA Filing Experts: Comprehensive management of all aspects of SCIA filing.
Comprehensive Support: Ongoing legal and tax assistance to ensure compliance and efficiency.
If you want further assistance from us, we can also:
– find the ideal location for your business;
– draft commercial contracts, rental contracts, agency agreements, distribution and acquisitions;
– advise you on international tax law matters;
– assist in Corporate law, M&A and Private Equity;
– request for benefits and funds provided by the Government;
– assist you in opening an Italian bank account for your company.
FAQ
Q. What do I need to open a company in Italy?
A. You need an Italian tax code and your ID document. If you want to incorporate a branch of your foreign company, you should prepare a shareholder’s minutes with all the details about the Italian branch.
Q. May I open a company in Italy as a foreign citizen?
A. Italy offers a welcoming environment for foreign entrepreneurs looking to establish their own companies. Our team of legal experts is well-equipped to offer you the necessary assistance and advice, making the process of setting up your business an effortless endeavour.
Q. Is Italy good for startups?
A. Italy is one of the best places to open innovative startups because of tax benefits, especially for investors. As a startup, you can also benefit from Government and EU incentives to invest.
Q. How much taxes do businesses pay in Italy?
A. Italy has a complex taxation system. The corporate tax rate is 24% (IRES). In addition, you will pay local and regional taxes.
Q. Which is the best place to open a business in Italy?
A. The place of business may vary based on activities. Usually, all the cities in Italy have their commercial and industrial areas with all the facilities to run the company. You can also choose the Special Economic Zones.
Q. I am a foreign company. Can I set up a Simplified SRL?
A. No, you can’t. The simplified company can only comprise individuals.
Q. I want to open a Simplified SRL. Can I adopt the Articles of Association and Memorandum of Association that suit me?
A. No, you can’t. In the case of SSRL, AoA and MoA are standard and cannot be modified.
Q. In the case of Simplified Limited Liability Company, shall I pay the Notary?
A. No, in that case, Notary’s assistance is free.
Q. I’m a foreign company that sells to mixed (Italian) clients (privates and companies) with an estimated turnover of over 35,000€. Do I need to open an Italian Subsidiary?
A. No, you don’t. In this case, you must open a tax position in Italy and get an accountant.
Q. Can I open an Italian Company from abroad?
A. Yes, you can give us a Power of Attorney notarized and apostille from your local Consulate or with an affidavit from your lawyer in English.
Q. If I open a branch of a foreign company, do I need a Notary and an Accountant?
A. Yes, a branch’s formation and management are the same as a Limited Liability Company.
Tell us more about your business project in Italy by filling out the form below. This will help us provide you with tailored advice on your needs.