It is often asked whether a foreign citizen, not residing in Italy, can become a member of an Italian company.
In general, residency in Italy is not an obligation for those wishing to become a member of an Italian company.
It is therefore necessary to analyze the nationality of the applicant:
a) It is certainly possible to become a member of an Italian company if the person is a citizen of another European Union country, based on the principle of free movement of persons within the European territory (introduced by the Maastricht Treaty in 1992), as there are no limitations.
b) For citizens of non-EU countries, the so-called principle of reciprocity (Article 16 of the Preliminary Provisions of the Civil Code) applies. This principle states that a foreigner is entitled to the civil rights granted to Italian citizens to the extent that Italian citizens can perform the same acts in the foreigner's home country.
In this case, if reciprocity conditions exist between Italy and the foreign citizen's country, the individual can become a partner in an Italian company.
Once these general principles are established, it will be necessary to analyze the specific case, including the type of company involved.
The support of an experienced lawyer in corporate law is essential, and our law firm will be happy to assist you with this type of matter.
Milan 27.11.2024
Avv. Giovanni Babino
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