jurisdiction

Italy

1. Is notarisation required and are fees payable? 

Depending on the kind if security interests created. Notarial form is mandatory for mortgages, the special privilege pursuant to art. 46 of the Italian banking law and for pledges over the quotas in Italian limited liability companies (S.r.l.).

2. Do the following securities / deeds require to be registered in the Local Property Register and what fees are payable? 

2.1 Mortgage Registration required.

Costs and taxes for the creation of a mortgage which is not subject to Substitute Tax regime are as follows:

  • EUR 200.00 as registration fee (for a mortgage which is not subject to Substitute Tax regime);
  • EUR 155.00 as stamp duty (imposta di bollo);
  • EUR 35.00 as mortgage fee (tassa ipotecaria);
  • 2% of the value of the mortgage as mortgage tax (imposta ipotecaria) with a minimum amount of EUR 200.00.

In case of mortgage which is subject to Substitute Tax:

  • “substitutive tax” equal to 0.25 % of the secured obligations;
  • EUR 35.00 as mortgage fee (tassa ipotecaria).

3. Do the following securities / deeds require to be registered at the local Registrar of Companies and what fees are payable? 

3.1 Pledge over the shares 

Registration required.


Fixed registration tax of EUR 200 (in case the pledge secures the obligations of the borrower pursuant to the loan agreement).


Registration tax of 0.50% (in case the pledge secures third party’s obligations) over the value of the shares if it is lower than the secured amount, otherwise, it is the 0.5% of the guaranteed amount. The registration tax is based (i) on the amount of the quotas if lower than the secured amount and (ii) on the secured amount in all other cases.


Notarial fee in the range of EUR 1,800 and EUR 2,300 (VAT excluded).


Companies register fees from EUR 90 up to EUR 120.

3.2 Pledge over the quotas

Registration required.


Fixed registration tax of EUR 200 (in case the pledge secures the obligations of the borrower pursuant to the loan agreement).


Registration tax of 0.50 % (in case the pledge secures third party’s obligations) over the value of the secured amount. The registration tax is based (i) on the amount of the quotas if lower than the secured amount and (ii) on the secured amount in all other cases.


Notarial fee in the range of EUR 1,800 and EUR 2,300 (VAT excluded).


Companies register fees from EUR 90 up to EUR 120.

Please note that while the information on this page was current and accurate as at 16/9/16, it may no longer be current or accurate and so you must speak to your local CMS Banking contact if you require confirmation of any of the costs or fee levels as at today’s date!