Here below we transcript one of our posts regarding the question: How to be part from abroad of the Italian Pharma world? To open a pharmacy the pharmacist has two ways. The first one is the public competition from which he/she should receive a pharmacy authorization to open in a specific area requested by the State. The area is not chosen by the pharmacist. The second one is to buy a pharmacy or a relative company. The first way is possible only for Italian pharmacists or pharmacists in the EU who have converted their decree into the Italian decree by a procedure. It depends if it is for UE or not UE countries. In Italy, the practice of healthcare professions is permitted to those who have obtained the required qualifications and qualifications abroad, subject to recognition by the Ministry of Health. It is important to keep in mind that pharmacists need to be enrolled in the order of pharmacist “ordine dei farmacisti”. You could be interested in the "Pharmacy in Italian System" The second one – buying the pharma – is possible also for pharmacists from abroad even if they will not be allowed to work at the counter–bar to sell products or medicine to customers but they need an Italian pharmacist to work as a director. They could only manage the company that will own the pharma after the 2017 new legislation. The other issue regards the “PARA FARMACIA” which is a shop where it is possible to sell non-prescription medicine because it is a shop allowed to sell medicine directly used by customers without the doctor's prescription. A para pharmacy so in a few words is a commercial activity that deals with the distribution of "Over the Counter (Otc)" products, non-prescription drugs (Sop), and extra-pharmaceuticals for the purchase of which no prescription is required. Anyway also this king of shops requested an Italian pharmacist to work, but the pharmacist from abroad as a private person could use a company to buy the shop where an Italian pharmacist would work. Pharma in Italy is a good bargain due to the market flexibility the high profile of the ROI, the return on investment. Contact us Studio Legale Angelini Lucarelli

One of the most intricate issues in the Italian system concerns house regulation. It is not difficult, especially in southern Italy, to find a bargain, a cheap house in a nice place with a fantastic landscape, a historic center near well-known cities, or surrounded by nature. Not all shine is gold, and on the other side, not all cheap houses are full of issues to face. First advice: leverage the local house agent, who knows the area well, to get the house. The second issue to meet is to check the certificates (building permit, date of building, energy certificates, etc.), all documents required by law for regular purchases. How to buy a cheap property in Italy, pay attention to building permit Pay attention, if your house hasn't had such documentation, it's unsure that you can retrieve or produce it. For such instances, if your house doesn't have any building permits, you should check the construction date, it must be “before 1967,” a real watershed from what could be considered “regular” if before such a date, and what must comply with a building permit if one exists. And if a building permit doesn't exist? In such cases, there are many regularization options that “permit amnesty.” One of these is “SCIA”. Such practices must align with the municipal zoning plan, whether the one in force at the time of construction or the one in force at the time of the SCIA application process. It is the so-called “double conformity”. The secondo one is "CILA" A minor infraction, not regarding the building itself but concerning operations that have changed the original internal design, can be submitted to the "CILA". How to buy a cheap property in Italy, pay attention to building permit Let's take one piece of advice: “Pay attention to the building permit when buying a cheap property in Italy”. Both “Scia” and “Cila” and other regularization options must be submitted by Law 380/2001, Building Law, with the assistance of an engineer (or equivalent). Our goal is to keep you aware of the related issues that must be considered in the preliminary contract BEFORE the acquisition, especially to strike a good bargain at a low price. For any queries regarding contracting, don't hesitate to contact us. Law Firm Angelini Lucarelli Attorney Aldo Lucarelli

Six Steps to be taken to buy a property in Italy edited by lawyer Aldo Lucarelli. First of all take a look around, there are many place to buy an house, someone are famous others not but they are nevertheless a good bargain. Check the medium house price for square metre or ask to an agency. Second, when you have focused the property you need to check the documentation, usually with the help of Agency or Professionist, such as Italian Geometra. Third, You have to check the cadastral documents in order to carry on a safe purchase. If all is ok, and there aren't any problems and the property to be bought is registered regularly, you need an Italian Fiscal Code to be requested to the Fiscal Office of the property region. Fourth, the Proposal. Proposal must contain: personal information of the proposer; elements that identify the property (cadastral elements); Deadline. Price Additional clauses. The Proposal could came from the buyer and contain some prescriptions, options and the duration of the purchase proposal, i.e., the term up to which it is irrevocable (usually between 7 and 15 days); The proposal could also be written in accordance between seller and buyer in front of Agency, Notary, Lawyer, and it will be as preliminary contract, or real Estate compromise. The commitment to purchase is usually followed by an amount of money that has the value of a deposit, calculated in proportion to the value of the property The confirmation deposit will guarantee the contract and must be returned (double by the seller) if one of the parties decide to exercise the right of withdrawal. Fifth: Deed, public contract in front of a Notary. Usually in double languages, or with the assistance of a third person that will received the power of attorney to sign the deed. Sixth, Property additional clauses. Taxes of the Deed to be paid to the Notary, local Municipality Tax for waste and for Utilities, Shared Tax in case of condominium. For any legal query don't hesitate to contact us. Investing in real estate in Italy with our legal advise is an excellent opportunity. Law firm Angelini Lucarelli.

Edited by Aldo Lucarelli #Lawyer In Italy, you can buy many medications, both over-the-counter and prescription, at the pharmacy or "farmacia". Pharmacy or "Farmacia" is the fisical place where to buy medications, even if also exist para-farmacia that describe a place where buy medications without prescription. In this article we summarize Law concerning the institution of a Pharmacy in Italy and its life. 1) Type of Pharmacies in Italy The pharmaceutical service is provided mainly through local pharmacies, which can be: - Urban - Rural - Subsidized - Branch - i.e. Farmacia Succursale, open for a limited period of the year, in toursim place. 2) Pharmacy Organization in Italy There are two type of Pharmacy - Ordinary: with a territorial reference in each municipality, one Pharmacy any 3.300 inhabitants (pursuant to Law 1/2012). - Extra Ordinary: Pharmacy established by a special rule "topographic criterion". According to this criterion when special needs of pharmaceutical assistance in relation to topographic and road conditions require it, can establish a pharmacy, in derogation from the criterion of the population 1/3.330 inhabitans. 3) Pharmacy Authorization Pharmacy can be open and duly authorized to 1) Pharmacist in Individual form, 2) By a Company, even in the Limited Liability Form, such as LLC. (Srl or Spa in Italian Corporate Law). In accordance with Law 124/2017 the pharmacy as a medical center must be managed by a pharmacist, while the company that owns the pharmacy may be held by Individuals even not pharmacists for the sole purpose of investment. 4) How to open a Pharmacy in Italy. There are two different ways to open a private Pharmacy in Italy. The first one is the acquisition of Pharmacy from a precedent Pharmacist by an ordinary sale contract. The few restriction regarding such kind of acquisition regard the Director, and the unit must have at least three years of seniority from the competition to be sold. Pharmacies that are opened by Public Competition can't be sell before three years from the 1° authorization. 5) Public Competition to open a Pharmacy in Italy Public competition is required to the assignment of vacant unit or newly established pharmacies. Vacant unit are the Pharmacies that have not a Director, owner, or that conducted temporally by a Pharmacist. Newly Established: units required by the major, and not open yet. One way to open a Pharmacy is the Public Competition. There are two types of Competitions, one is the Ordinary, in which Pharmacist must meet strictly requirements and pass an attitude exam, and the Extraordinary Competitions, in which are calculated only the Pharmacist Academic Qualifications. The second type of Competition has made pursuant Law 1/2012 and is still ongoing. The "extraordinary" competition is extraordinary if compared with the ordinary rules, set below, such as the "aptitude test". CONTACT US FOR ANY QUERIES Public Competition Requirements: Can partecipate to the Competition, Italians or European Union Pharmacists, already registered in the Italian professional register or equivalent (if applicable), that meet one this options: 1) non-holders of a pharmacy; 2) holders of subsidised rural pharmacy; 3) holders of supernumerary pharmacy; 4) owners of "parapharmacies". Aptitude test. - The main difference between ordinary competition and extraordinary competition is the aptitude test. The aptitude test is question test concerning pharmacology; toxicology; and pharmaceutical technique. At the end of the competition, both ordinary and extraordinary, a final ranking is drawn up. The ranking allows the attribution of a pharmacy unit to the participants on the basis of merit. #Pharmacy rules and restriction. Pharmacy Incompatibility in Italy: there are many case of incompatibilities, such as previous works and other, so that is not a free job but strictly regulated by law. Ask more if need. Authorization loss: there are many case in which the pharmacist can lose its authorization, duly to bad behaviour or miss use of the pharmacy such as bankruptcy of the company or unauthorized closures for a long period. Contact Us, or visit our web site. Angelini Lucarelli Law Firm

Medical responsibility/Liability - Covid - Has the Supreme Court arrived to take care of the doctor's responsibility? After a short wait, the key sentence in the summer 2021 of the Supreme Court came, which today clearly outlines the profiles of medical liability, especially for atypical cases without guidelines. The sentence does not deal directly with the Covid-19 affair but the principles enunciated seem to have a long route on what will be the issue of confrontation in the coming months, the responsibility of the healthcare professional. In fact, it should be remembered that we can speak of gross negligence , that is, only when the technical gesture provided markedly distant from the patient's conditions; Likewise, it should be remembered the extent of the divergence between the measure conducted and what was to be expected on the case. An overall evaluation of many indicators is therefore necessary in order to express the conclusive assessment on the degree of fault, including factors of the opposite sign, which may well coexist in the context of the case examined, not unlike what happens on the subject of concurrence of circumstances. The identification of the violated precautionary rule is a challenge, in the judgment of responsibility for negligence Consequently, the predictability judgment of the damaging event in this matter is particularly difficult, where there are no undisputed maximums of experience and scientific laws of coverage with a reasonable degree of certainty, such as for Covid desease untill now Today it is the Supreme Court that deliberates the areas of medical / Liability just on time for the first maxi Covid compensation process started in Rome in conjunction with the investigation conducted by the Bergamo Public Prosecutor's Office for the facts relating to the Covid emergency in winter 2020. Let's see other salient and innovative points: The Supreme Court emphasizes an investigation that takes into account the same parameters when it is ascertained what would have been the correct alternative behavior that could be expected from the professional In summary, what should the doctor have done differently in the specific case? this is the main question, and in few words it is possible to speak of guilt only when there is a notable divergence with respect to official guidelines, and the characteristics of the disease and to the patient's conditions; for the Supreme Court: This is no longer a fault in itself considered, but requires that the alleged victim offer proof of the alternative route that had to be followed by the doctor! The intent of the Supreme Court is clear: offer shelter from witch hunts! The sentence of the Supreme Court therefore comes at a key moment in which the health system is called to face the responsibility of its work, it is easy to foresee that this ruling will act as a watershed between liability for foreseeable and known events, and new and atypical ones without accredited guidelines. Have you a specific topic? Don’t hesitate to contact us, you‘ll receive shortly a feedback. Aldo Lucarelli Lawyer

First of all we can describe pre-emption right as the right of existing shareholders in a company to buy shares offered for sale before they are offered to the public. Secondly we can describe “under bankruptcy law” as the period in which a company is surveilled by the Judge due to the risk of insolvency, Do you have a question? Contact us LLC Companies in Italy are governed by a specific Company bylaws which provides the shareholders rights, such as the pre-emption right in case of selling by other shareholder. Usually such right can be exercised under certain conditions, there in indicated, such as time, price, and others details to be sent to the company and to others shareholders, within a number of days before the act. So such rights, as defined above, does not apply if the company is still under the composition with creditors or under bankruptcy law. In such cases will be applicable a special procedure, pursuant by Italian civil code article n. 2471 as referred by article n. 106 of Bankruptcy law. And in fact the aforementioned article provides that: The participation can be subject to expropriation. The attachment is carried out by notification to the debtor and the company and subsequent registration in the register of companies. The order of the judge ordering the sale of the shareholding must be notified to the company by the creditor. If the shareholding is not freely transferable and the creditor, the debtor and the company do not agree on the sale of the share, the sale takes place at the auction; but the sale is ineffective if, within ten days of the award, the company presents another buyer offering the same price. The provisions of the preceding paragraph also apply in the event of the bankruptcy of a shareholder. In the mechanism above mentioned described, the right to vote belongs to the debtor shareholder up to the moment of the sale of the share. Follow us on Social and stay updated First Refusal Right or Pre-emptive Righ?"First refusal's right", the right of first refusal, is often used to identify those situations in which one of the contractors guarantees to the other that they prefer it to any third party in the stipulation of a specific contracts. When the pre-emption regards the sale of shares in a limited liability company it is more correct to use the term "pre-emptive right" instead of the generic right of first refusal. And for the pre-emption in favour of the other shareholders provided for by the Company's bylaws? First Refusal Right or Pre-emptive Right? "First refusal's right", the right of first refusal, is often used to identify those situations in which one of the contractors guarantees to the other that they prefer it to any third party in the stipulation of a specific contracts. When the pre-emption regards the sale of shares in a limited liability company it is more correct to use the term "pre-emptive right" instead of the generic right of first refusal. And for the pre-emption in favour of the other shareholders provided for by the Company's bylaws? It was pointed out that these mechanisms work as well for pre-emptive clauses as for approval clauses. Therefore, the mechanism to be followed will not ones provided by the company bylaws but the legal one provided pursuant to article n. 2471 of the Italian civil code. The described mandatory mechanism has been set up for the protection of the company and their shareholders. The above mentioned mechanisms are important to avoid making mandatory the provisions of the company's by-laws if the provisions of the law are automatically applicable. Law Firm Angelini Lucarelli, Lawyer Aldo Lucarelli

Buying a property in Italy and paying the deposit and price securely, how does it work? Nowadays, after the 2017 Reform Act 124, a deposit or price payment mechanism, well-known in France and the UK, is increasingly in vogue, providing additional security for the parties and placing the notary and title registry at the centre of the matter. Let us see why and how it works. It often happens that the buyer does not want to expose himself in giving sums as a deposit in the hands of the seller before being "sure" that the deal will go through. In fact, the practice in Italy provides for the mechanism of the Carrara confirmatoria, which entails the payment of a sum - usually between 5 and 10 percent in the seller's hands, which acts as a guarantee of the sale, with the "penalty" of double repayment by the seller in case of default by the latter. The down payments are divided into two different figures: the deposit and the penalty deposit. The first is intended to guarantee the precise fulfilment of the agreement, while the second is only the payment for any unilateral withdrawal. A valid mechanisms, but which sometimes clashes with the practice of confusing the deposit as a down payment and thus as a sum not confirmatory but advanced on the entire price, or with the security deposit mechanism, often used for rent or lease and with the purpose of compensating in advance for any damage. It should be noticed, in fact, that while the security deposit is subject to the double repayment mechanism, i.e., the seller who received it is obliged to return it in double amount if he or she defaults, the penitential deposit is the consideration for the right of withdrawal, meaning that above mentioned sum will be lost if the person who paid it, exercises withdrawal by a certain date. The sore point of this mechanism is that the sums, even if small in amount, are already in the possession and availability of the seller. We aren't talking about re-Payment guarantees, such as bank or insurance guarantees. They are financial commitments that require the debtor to make a repayment based on the terms outlined in the original debt agreement. Sometimes, the payment guarantee is backed with some form of collateral, such as property. In this article we are talking about a third subject such as Notary that help the parties to perform the contract so that both, the promisor, and the promisee have fulfilled their respective obligations, which the contract placed upon them. So after this premise, here is the mechanism proposed by the 2017 Law reform. Therefore, if you want to avoid materially delivering the deposit into the hands of the seller and you want, therefore, a greater guarantee, also, with the help of professionals, it is possible to insert in the preliminary sales contract, drawn up by a lawyer or notary, a mechanism providing for a fiduciary deposit. The Fiduciary Deposit is therefore a deposit of the down payment, or price, not to the viewer but to the Notary, who will register these amounts in a special register, called the Sums and Values ​​Register. This payment in the hands of the Notary will have the same value as the payment at the seller, and you can have: - payment of sums and values, for example sums or checks as a down payment or deposit. - payment of the entire price to the Notary. In the first case, the deposit will be inserted in a specific clause of the preliminary contract. In the second case, however, the Notary will insert this mechanism in the deed itself and release the sums deposited in favor of the seller once the deed is completed. Follow Us on Facebook To proceed with these formalities, however, a specific request will be necessary, and a special mention pursuant to the new art. 63 of law 147 2013, post reform 2017, in relation to the register of sums and values ​​provided for by law 22 January 1934, n. 64; In the case of a transaction involving a bank transfer, even in the case of a foreign sale, it will be possible to proceed only if a specific preliminary sale has been drawn up, and registered, as being sums destined to the current account of the notary, but separated from it is subject to the controls of the Revenue Agency, and this in order to avoid evasive activities. Unlike the case of the use of both a bank check and a cashier's check, in this case the "good value" will be noted in the register by the notary and should not require any further registration. You should read: "Law Guarantee" Do you have a question? Contact us Angelini Lucarelli Law Firm Aldo Lucarelli Lawyer

Buying a property in Italy and paying the deposit and price securely, how does it work? Nowadays, after the 2017 Reform Act 124, a deposit or price payment mechanism, well-known in France and the UK, is increasingly in vogue, providing additional security for the parties and placing the notary and title registry at the centre of the matter. Let us see why and how it works. It often happens that the buyer does not want to expose himself in giving sums as a deposit in the hands of the seller before being "sure" that the deal will go through. In fact, the practice in Italy provides for the mechanism of the Carrara confirmatoria, which entails the payment of a sum - usually between 5 and 10 percent in the seller's hands, which acts as a guarantee of the sale, with the "penalty" of double repayment by the seller in case of default by the latter. The down payments are divided into two different figures: the deposit and the penalty deposit. The first is intended to guarantee the precise fulfilment of the agreement, while the second is only the payment for any unilateral withdrawal. A valid mechanisms, but which sometimes clashes with the practice of confusing the deposit as a down payment and thus as a sum not confirmatory but advanced on the entire price, or with the security deposit mechanism, often used for rent or lease and with the purpose of compensating in advance for any damage. It should be noticed, in fact, that while the security deposit is subject to the double repayment mechanism, i.e., the seller who received it is obliged to return it in double amount if he or she defaults, the penitential deposit is the consideration for the right of withdrawal, meaning that above mentioned sum will be lost if the person who paid it, exercises withdrawal by a certain date. The sore point of this mechanism is that the sums, even if small in amount, are already in the possession and availability of the seller. So after this premise, here is the mechanism proposed by the 2017 Law reform. Therefore, if you want to avoid materially delivering the deposit into the hands of the seller and you want, therefore, a greater guarantee, also, with the help of professionals, it is possible to insert in the preliminary sales contract, drawn up by a lawyer or notary, a mechanism providing for a fiduciary deposit. The Fiduciary Deposit is therefore a deposit of the down payment, or price, not to the viewer but to the Notary, who will register these amounts in a special register, called the Sums and Values ​​Register. This payment in the hands of the Notary will have the same value as the payment at the seller, and you can have: - payment of sums and values, for example sums or checks as a down payment or deposit. - payment of the entire price to the Notary. In the first case, the deposit will be inserted in a specific clause of the preliminary contract. In the second case, however, the Notary will insert this mechanism in the deed itself and release the sums deposited in favor of the seller once the deed is completed. Follow Us on Facebook To proceed with these formalities, however, a specific request will be necessary, and a special mention pursuant to the new art. 63 of law 147 2013, post reform 2017, in relation to the register of sums and values ​​provided for by law 22 January 1934, n. 64; In the case of a transaction involving a bank transfer, even in the case of a foreign sale, it will be possible to proceed only if a specific preliminary sale has been drawn up, and registered, as being sums destined to the current account of the notary, but separated from it is subject to the controls of the Revenue Agency, and this in order to avoid evasive activities. Unlike the case of the use of both a bank check and a cashier's check, in this case the "good value" will be noted in the register by the notary and should not require any further registration. Do you have a question? Contact us Angelini Lucarelli Law Firm Aldo Lucarelli Lawyer