For some time now, there has been a debate regarding the ability of the Italian corporate legal system to incentivize investment in start-ups.
Various contributions from Italian legal scholars have highlighted the limitations of the current regulations (the most recent of which can be found in the excellent volume edited by Gian Domenico Mosco and Casimiro Antonio Nigro: https://lnkd.in/dStwtYhB). Entrepreneurs have also pointed out similar issues (for example, Alberto Dalmasso here: https://lnkd.in/d44EHGcy). All of this could affect the capacity of our legal system to attract the capital necessary for the growth of the start-up ecosystem.
In a recent contribution published in Rivista di Diritto Societario, Demetrio Maltese, together with Casimiro Antonio Nigro, sheds light on the (seemingly) insurmountable obstacles standing between investors and the deactivation of the right of withdrawal in the case of a trade sale carried out in the form of a merger.
You can find it HERE.