UPDATES

IVASS – Analysis of IBIPs policies with ESG characteristics

On March 14th, IVASS (Institute for the Supervision of Insurance) published the results of the survey carried out on IBIP policies with ESG characteristics. Throughout 2023, the Authority acquired information from 18 insurance companies operating in the Italian market and providing policies with ESG characteristics. In particular, IVASS requested companies to give information on: (i) […]

Life insurance policies, the Constitutional Court says no to the short limitation period

The Constitutional Court, with judgement no. 32 of 29 February 2024, has declared as unconstitutional the version of art. 2952, paragraph 2 c.c. applicable between 2008 and 2012, that provided for a two-year limitation period for life insurance policies. The Constitutional judges explained that life insurance policies do not have an indemnity function with respect […]

The family pact

With Law no. 55/2006 the institution of the family pact has been introduced in the Italian Civil Code (articles 768-bis to 768-octies). This instrument allows entrepreneurs, with the express consent of all the legitimate subjects, to derogate from the prohibition of inheritance agreements and to implement a kind of “anticipated succession” in favour of only […]

Italian Supreme Court: taking out an insurance policy may constitute Self-Money Laundering

It is well known that under Article 648 ter of the Italian Criminal Code, anyone who has committed or conspired to commit a non-negligent crime by employing, substituting, transferring in economic, financial, entrepreneurial or speculative activities, money, goods or other utilities originating from the commission of such crime, in such a way as to concretely […]

IVASS – New RUI Portal

On March 5, IVASS (Insurance Supervisory Authority) announced that in June 2024 the new Register of Intermediaries (RUI) Portal will be operational. The new RUI will allow intermediaries and insurance companies to enter and update data directly into the register. For this purpose, legal representatives of: intermediaries registered in Sections A, B, and D of […]

IVASS – Provision no. 142/2024

On March 5, IVASS issued Provision no. 142/2024 amending the Regulations no. 29/2016 and no. 38/2018. The Provision updates the criteria and eligibility requirements for officers and directors of insurance and re-insurance companies as well as the procedure that undertakings shall follow to assess the requirements of officers and directors. Article 1 of the Provision […]

New provisions on motor vehicle insurance introduced by Legislative Decree No. 184/2023

The new legislation on mandatory insurance for the civil liability of motor vehicles, amending the Private Insurance Code (CAP) and aligning the national regulations with EU Directive 2021/2118 has been approved. The new regulations introduce the obligation to take out civil liability insurance for all vehicles, even for those that are parked or vehicles traveling […]

The Reform On The Yachting Professional Qualifications

The new law decree no. 227/2023 has been published in the Official Journal on February 5, 2024. The new decree regards the yachting professional qualifications for seafarers embarked on pleasure vessels carrying out chartering activities and on other vessels carrying out chartering activities for touristic purposes. In particular, the law decree no. 227/2023 regulates: The […]

The auditors of a Company must supervise the entire management of the Company

By Order no. 2350 of 24 January 2024, the Court of Cassation established that auditors (of a Company) are required to carry out regular inspections and supervisory activities in order to safeguard not only the membership of the Company, but also creditors. For example, by avoiding any delay in the Company being officially declared bankrupt. […]

Heaviest fine ever (over 79 million euro) imposed by the Italian Data Protection Authority

By Order No. 81 of 8 February 2024, the Italian Data Protection Authority sanctioned Enel Energia for more than EUR 79 million due to its failure to comply with its obligations to duly process the data of many users for telemarketing purposes. The case originates from previous investigations carried out by the Italian Financial Police […]