News
New Articles’ clauses cannot be applied to former partners
- 25/09/2017
According to the Italian jurisprudence, termination of a member of a partnership (società di persone) becomes effective as soon as the partnership receives such communication, even before that the leaving partner gets the payment of his own share.
On this issue, with Order no. 21036 of 11th September 2017, the Court of Cassation has explained that events and changes occurred in a partnership do not affect a partner who has already left it.
In the case under scrutiny, the partnership at issue had afterwards become a limited liability company (società a responsabilità limitata), whose new Articles contained an arbitration clause for the resolution of disputes between its own members.
The Court has stated that such provision cannot be invoked against the partner who has already left the partnership. Therefore, the dispute between the former partner and the company on the payment of his share is to be resolved by a Court and not through an arbitration process.
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