Proceedings for an arrangement with creditors as a going concern and public procurement
May 9, 2023
Dario Latella authored the contribution Concordato in continuità e contratti pubblici: note a margine del CCII, in vista del nuovo codice degli appalti published in number 4/2023 of the review Il Fallimento, by IPSOA Wolters Kluwer. The new Public Procurement Code (Leg. Dec. no. 26/2023) reopened the debate on the going concern of companies that start proceedings for an arrangement with creditors, as reshaped by the Code of Crisis (Leg. Dec. 14/2019). In his article, Dario Latella gives an initial overview of the new rules.
The eclipse of legal capital and the “Covid” legislation in Italy
September 8, 2020
What about the legal capital? Our Dario Latella
wrote an article to demonstrate that such question is faced by the lawyers in order to support the function of rules that seem to be anachronistic, inefficient or, in any case, not suitable for carrying out the goals of EU laws on company’s capital.
Moreover, the financial crisis (pandemic or structural) has made the legal capital an empty concept. The topic is discussed both from a legal and economic perspective, due to the differences between the main legal systems (essentially, US and Europe) and the evidence given by the Law and Economics Analysis of the efficiency of the s.c. "solvency" test.
This article argues with the possibility of imagining a sort of conversion of the legal capital into the risk of the loss of net assets and of transferring the matter of poor capitalization of companies on the insurance market.
Information Rights in Listed Companies
March 6, 2016
Dario Latella wrote a paper entitled: "Information Rights in Listed Companies", in Treatise of Company Law, directed by Prof. Pietro Abbadessa and Prof. Giuseppe B. Portale (forthcoming)
The "COMI" Concept
May 25, 2015
Dario Latella wrote a paper entitled: The "COMI" Concept in the Revision of the European Insolvency Regulation, in European Company and Financial Law Review (ISSN: 1613-2548), p. 479- 495. Vol. 11
March 22, 2014
Dario Latella wrote a paper entitled: "Assignments" in Il Diritto fallimentare e delle società commerciali, Padova, Cedam, n. 1, 2014, pp. 24-62.
The Shareholder Derivative Suits
March 6, 2010
Dario Latella wrote a paper entitled: "The Shareholder Derivative Suits: Disfunction and Remedies against a "Paradoxical" Inactivity", in Corporate Ownership & Control, “Virtus Interpress”, Sumy - Ukraine; - available Social Science Research Network: http://ssrn.com/abstract=1634961.
Shareholder Derivative Suits: Comparative Analysis
March 6, 2009
Dario Latella wrote an article entitled: "Shareholder Derivative Suits: a Comparative Analysis and the Implications of the European Shareholders’ Rights Directive", in EUROPEAN COMPANY AND FINANCIAL LAW REVIEW, N. 2-3 (VI), 2009, PP. 307-323; - available Social Science Research Network: http://ssrn.com/abstract=1614931.
Comment on Articles 194, 195, 196, 197, 198 and 199 of the Bankruptcy Act
October 10, 2007
Dario Latella wrote a comment on articles 194, 195, 196, 197, 198 and 199 of the Bankruptcy Act. In: JORIO ALBERTO E FABIANI MASSIMO. IL NUOVO DIRITTO FALLIMENTARE. (vol. II, pp. 2616-2643). ISBN: 978-88- 08-20120-1. Bologna: Zanichelli (Italy).
Comment on Articles 204, 205 and 206 of the Bankruptcy Act
September 9, 2007
Dario Latella wrote a comment on articles 204, 205 and 206 of the Bankruptcy Act. In: Jorio Alberto e Fabiani Massimo. Il Nuovo Diritto Fallimentare. (vol. II, pp. 2669-2673). ISBN: 978-88-08-20120- 1. Bologna: Zanichelli (Italy).
Equity Warrant and General Rules on Contracts
August 6, 2007
Dario Latella wrote a paper entitled: "Equity Warrant and General Rules on Contracts: Issues on Termination for Non-Performance", note to Court of Ivrea, 1 September 2005. BANCA BORSA E TITOLI DI CREDITO. vol. II, pp. 365-394 ISSN: 0390-9522.
Limitations on Objective Liability of Financial Intermediaries
May 11, 2007
Dario Latella wrote a paper entitled: Limitations on Objective Liability of Financial Intermediaries. Liability in Placing and Managing Financial Products and Instruments and the MIFID European Directive. Messina, 11 May 2007. (pp. 1-10, waiting for publishing).
Shareholder Derivative Action in Europe
March 25, 2007
Dario Latella wrote a paper entitled: "Shareholder Derivative Action in Europe: Monitoring the Management for Breach of Fiduciary Duty. Searching for New Models in the Economic Analysis of Law". TAORMINA (ITALY). March 25-27, 2007. (pp. 1-10, waiting for publishing); - available Social Science Research Network: http://ssrn.com/abstract=1615342.
Investment Securities - Uniform Commercial Code
March 6, 2004
Dario Latella wrote a paper entitled: "El sistema estatounidense de circulaciòn de las investment securities en la disciplina del artìculo 8 del uniform commercial code", in Revista de derecho bancario y bursátil, ISSN 0211-6138, Año nº 23, Nº 94, 2004, 43-86.