Emiliano Marchisio

Some Reflections on the «Non-Possessory» Pledge of Company Shares

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Abstract

The article deals with the «non-possessory» pledge introduced into Italian law by art. 1, d.l. 3 May 2016 n. 59, as converted into l. 30 June 2016, n. 119. More specifically, attention is paid to the hypothesis where such pledge applies to company shares. A comparison with the «general» regulation of pledges is made, in order to describe the main features of the particular kind of pledge under exam. References to past Italian case-law are made available and commented. The article ends highlighting the still lacking constitution of the registry required for the discipline at stake to enter in force.

Keywords

  • Pledge
  • Possess
  • Floating Charge
  • Shareholding
  • Shares

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