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The legislation of the Italian Banking Act does not apply to derivative contracts if the intermediary has contributed to creating the financial instrument

  • 06/09/2021

The Court of Cassation with the decision n. 23489 on August 26th, 2021, stated that derivative contracts, being the direct expression of an investment service, are not subject to the TUB legislation even if the intermediary has cooperated in the creation of the financial instrument. The written form required by the article 23 t.u.f. will be therefore necessary only for the regulatory framework contract and not for subsequent implementations transactions.

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