Services
OUR SERVICES
D'AURELIO lawyer provides complete judicial and extrajudicial assistance with main occupation in the fields of:
– CIVIL RIGHT in general and, in particular, in matters: credit recovery (out-of-court recovery, injunction proceedings, securities / real estate / third party forced execution proceedings, opposition to executions, securities and real estate foreclosures); contracts (drafting of contracts and assistance in the dynamics of contractual fulfillment and termination); commercial and corporate law (consulting, contracts and legal assistance, analysis and resolution of credit access problems, litigation between companies); banking law (analysis and verification of bank and mortgage contracts, out-of-court and judicial assistance, assistance for debt rescheduling, various types of banking litigation concerning usury, anatocism, repetition of undue, opposition to injunctive decrees and precepts on mortgages and financing); labor law (assistance in the attempt of conciliation before the Commission of the Territorial Labor Office, drafting appeals for labor / social security / assistance cases, defense in court, recognition of occupational and disabling diseases); condominium law (appeal to shareholders' resolutions, recovery of condominium expenses, dispute between condominium and condominiums); family law (separations, divorces, financial relationships and personal between spouses, custody of minors); inheritance law (causes of hereditary division, challenge of wills); actions for damages (contractual and non-contractual).
– CRIMINAL LAW (defense in court, drafting of reports – lawsuit, assistance and filing of a civil party, requests for review, etc. in the matter of crimes against the person, the heritage, public faith, the economy, the environment, safety, the Public Administration, the judicial authority), e, particularly, in crimes of abuse against minors;
– ADMINISTRATIVE LAW (public procurement and contract litigation, appeal against public administration measures in general);
– TAX LAW (appeals against assessment notices, appeals against tax bills, out-of-court assistance in the mediation phase, judicial assistance before first and second degree tax commissions).
Particularly covered sectors:
– verifies the legitimacy and cancellations of prejudicial entries on public databases (Central Risks of the Bank of Italy, register of protests held by the Chamber of Commerce) and deprived of credit information systems (Crif Spa, CTC Credit Protection Consortium, Experian – Information Services Spa, Assile) and related protection in the precautionary phase of urgency and merit also in terms of compensation;
– banking litigation (usury, anatocism, repetition of undue debt in loan agreements, opposition to injunctive decree and precept on mortgages and loans).
BANK LITIGATION
Banking litigation refers to all those extrajudicial and judicial procedures that are established in order to resolve banking and financial problems that can arise in the Bank - customer relationship (businesses, yours, Local societies, private entities).
The customer may recognize the need to activate a dispute in order to request the reimbursement of sums illegitimately debited by the bank due to non-agreed ultra-legal interest, illegal overdraft fees, anatocism, usury, commissions and charges not arbitrarily charged by the bank. In other cases, litigation can also be activated on the initiative of the bank.
Banking litigation, as an example, can consist of:
– Reduction and/or revocation of bank credit lines
– Reporting on the Central Credit Register at the Bank of Italy and on the SIC databases (crif, Experian, Ctc, etc.);
– Receipt of letters of formal notice and forfeiture of the benefit of the term;
– Receipt of injunction/foreclosure deeds and injunctions;
– Detection of illegitimate contractual conditions by the account holder
– Irregular application of fees and commissions.
Banking disputes do not always have to be resolved in court. Indeed, if you act quickly, it is possible to resolve it by negotiating with the Bank and entering into agreements aimed at the amicable resolution of the dispute.
Some alternative dispute resolution tools are:
– Extrajudicial negotiation;
– Conciliation or Mandatory Civil Mediation;
– Financial Banking Arbitrator (ABF);
– Arbitrator for Financial Disputes (ACF).
The importance of relying on professionals and legal experts in banking to manage any banking dispute is essential.
The D'AURELIO law firm is able to assist you in all phases of the dispute and to put in place all the useful strategies in order to build a dialogue with the Bank aimed at solving banking and financial problems in a short time, also with the help of external analysts and consultants.
CORPORATE LITIGATION
Corporate law is a branch of commercial law that deals with issues related to corporate life and the relationship between the company and its shareholders. In particular, it has as its object the opening, direction and management, the commercial structure, the dissolution and liquidation of companies, but also corporate responsibility, relationships (also patrimonial) among the partners, and corporate crisis management.
It is intended to protect natural or legal persons (whether they are companies or public bodies) who work together to achieve a specific common goal thanks to their common invested assets.
It is an integral part of the commercial law that it is, around you, a branch of private law aimed at regulating relations relating to the production and exchange of wealth, the deeds and activities of the companies as well as the contracts stipulated between economic operators and between them and their private customers.
They are usually distinguished 3 macro-categories of companies, each of which is internally divided into various sub-categories:
– Company of people: they include Sts (Simple companies), the Snc (General partnership) by the Sas (Limited partnership);
– Capital company: this is where spas come in (Joint Stock Company), the Srls (Limited Liability Company) by the Sapa (Limited partnership by shares);
– Cooperative (such as social cooperatives)
The lawyer specialized in this discipline is the corporate lawyer, which today appears to be a reference figure for many small and medium-sized enterprises but also for multinationals and cooperatives that want to protect themselves in carrying out their activities. He plays a key role in many situations, but especially in the phase of setting up a new company and in the most delicate moments of its existence, such as, for example, the merger of several companies, the split, the dissolution, bankruptcy and liquidation but also in the event of transformation into another type of company.
In the context of corporate litigation, generally, disputes have as object:
– Responsibility of members of corporate bodies and their revocation;
-Validity and challenge of shareholders' and board resolutions (also in matters of shareholders' withdrawal and approval of the financial statements);
– Complaint proceedings to the Tribunal for serious irregularities;
– Liability actions against administrative and control bodies;
– Fulfillment of contracts for the sale of shareholdings and companies or company branches;
– Fulfillment of shareholder agreements;
– Fulfillment of option contracts;
– Fulfillment of investment agreements.
The D'AURELIO law firm takes care of every aspect of litigation in corporate and commercial law, guaranteeing Customers assistance in all phases of the life of a company and offering assistance also in the precautionary phase and in the emergency phase before:
– before the Commercial Court;
– before the Ordinary Court;
– before the Bankruptcy Sections of the Courts;
– before arbitration proceedings
CREDIT RECOVERY
The credit recovery activity includes all interventions and actions aimed at the collection of a sum due from a person (debtor) for a debt owed to another person (creditor).
Society, Corporate, Firms, small and medium-sized enterprises often have to face the problem of debt collection.
Considering the difficult period of economic crisis that, for some time now, it invests and afflicts the market, you can recover, and not totally, only by big creditors, while for small ones, you risk losing your money, in addition to the unnecessary waiting time.
For a small and / or medium-sized entrepreneur, not recovering your credit can be a huge problem, enough to jeopardize the stability and permanence on the market of one's company and activity.
The time factor, in this situation, it is a fundamental variable that can certainly make a difference.
Therefore, to obtain a good result it is necessary to consult the lawyer promptly, as the more time passes, the less likely you are to recover, even if only partially, your credit.
Credit recovery must be carried out with great caution and in compliance with current legislation.
If the debtor does not pay, the creditor must first ask for payment amicably and subsequently formally putting the counterparty in arrears through a lawyer. If even this activity is not sufficient to obtain spontaneous payment, the creditor has no choice but to resort to the judicial authority, establishing a real procedure.
In recovering one's credit, the lawyer therefore has a fundamental role even before activating the classic procedure for obtaining an injunction. A competent and professional lawyer is in fact able to help the entrepreneur understand some important elements of their company, through preventive advice, so as to avoid the risk of unpaid payments in advance.
Specifically, the lawyer must:
– analyze the relationships with the company's customers;
– evaluate the management of credits and the procedures that it uses for their recovery;
– educate the entrepreneur about a new effective method to allow him to recover credits before it is too late;
– provides the entrepreneur with all the tools necessary for credit management, through specific training courses;
– explain and illustrate to the entrepreneur all the tools he can use to protect his work and earnings in advance.
The D'AURELIO Law Firm can help you and assist you at every stage of the outstanding debt management process, through a training course that includes both the out-of-court and judicial phases.
YOU NEED LEGAL ASSISTANCE?
If you are looking for a lawyer in Bologna who can support you, do not hesitate to contact me