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In an unregistered company, all partners are jointly and severally liable for the company's obligations, and any contrary internal agreement is not enforceable against creditors

  • 15/01/2025

The Supreme Court, in its Order No. 28650 of 7.11.2024, rendered in a corporate matter, affirmed the following principle of law: ‘in an irregular company, i.e., one that is not registered in the commercial register, all shareholders are jointly and unlimitedly liable for corporate obligations. Any internal agreement limiting the liability of one or more shareholders is not enforceable against third parties, in accordance with the provisions of Article 2297 of the Italian Civil Code'.

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