The Italian Regulation of the Intra-Group Financial Support Agreement in a Comparative Perspective

Abstract

This paper focuses on the new rules about the “intra-group financial support agreement” regulated by the Italian Banking Code (TUB). The investigation recognizes the importance of the conditions for the support and the exclusion clauses listed by the TUB, checking the balance between the private corporate interest on one side and the group’s and public interest on the other side. The comparative scenario about group’s interest is also analysed in order to provide a realistic legal framework for the new support mechanism and understand the position of general domestic corporate law.

Keywords

• FINANCIAL SUPPORT
• BANKING LAW
• ITALIAN BANKING CODE
• BANK RECOVERY AND RESOLUTION DIRECTIVE (BRRD)