Limited liability companies: free capital increase is practicable in higher proportion

We comment the recommendation no. 155 of May 17, 2016 elaborated by the Notarial Council of Milan and reported below: "The statutory provision is considered legitimate, which gives to one or more shareholders, notwithstanding Article 2481 - ter, par. 2 of the Civil Code, the right to obtain an increase in their participation in higher proportion with respect to their shares, in case of capital increase.

The right to a more than proportional free increase is a special right pursuant to Article 2468 , par. 3 of the Civil Code, and as such can be introduced and modified only with the unanimous consent of all shareholders”.

The full text of the article is reserved for Quotidiano Giuridico subscribers.

For more information about the Italian article, click here.