Paolo Giudici

Paolo Giudici
Free University of Bozen-Bolzano | Unibolzano · Faculty of Economics and Management

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15
Publications
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138
Citations

Publications

Publications (15)
Article
Full-text available
The paper, which is related to two previous works, has two objectives. The first objective is the identification of Italian startup companies that are actually financed by external investors (such as venture capital funds, business angel networks or individual business angels, industrial firms operating as financiers of innovative firms). This iden...
Article
Full-text available
This is the first European study to conduct an extensive empirical research of startup charters. Our aim is to test whether the significant reforms of the law on the Italian società a responsabilità limitata (the GmbH-type limited liability company) were successful in making Italian corporate law more amicable towards startups and venture capital c...
Article
Full-text available
This article provides an innovative interpretation of the rules of limited responsibility companies (s.r.l.), which takes into account not only and not much the phenomenon of crowdfunding, but also and above all the financing via business angels and venture capital. We therefore advance a proposal for a complete re-reading of the subject as reforme...
Article
US corporate law and, in particular, Delaware law, which leaves ample room to freedom of contract, has been one of the reasons for the successful creation and financing of startups in Silicon Valley. We analyze the Italian attempt to modernize company law in order to promote startup creation within the wider movement of company law simplification a...
Chapter
Global Securities Litigation and Enforcement - edited by Pierre-Henri Conac January 2019
Article
Full-text available
This paper examines two potentially contradictory effects of the presence of controlling shareholders. Controlling shareholders have been shown to be beneficial, as they generally have a long-term interest in the firm and are willing and able to monitor the actions of senior managers closely and decrease agency costs between shareholders and manage...
Chapter
On 27 December 2003 Parmalat was declared insolvent. The case shocked Italy and Europe because it was immediately apparent that this was one of the biggest accounting scandals in recent history and the first big one in Europe after the American frauds that were discovered in 2001 with respect to Enron, WorldCom, etc. In a previous article written i...
Article
Il tema della trasparenza proprietaria sulle posizioni in derivati con regolamento in contanti è argomento molto attuale ed dibattuto a livello nazionale, comunitario ed internazionale. I derivati su titoli azionari, consentendo la scissione tra proprietà formale e diritti di voto sulle azioni e proprietà economica delle stesse, hanno messo in cris...
Article
The proposals to limit auditor liability, principally aimed at protecting the Big-4 from the risk of a catastrophic exposure to damages, are grounded on the assumption that auditors are generally over-deterred. The 2008 EC Commission Recommendation on auditor liability relies heavily on this assumption and the economic rationale that underpins it,...
Article
The Sai-Fondiaria case is Italy's most significant action in concert case. In this case public enforcement was unable to prevent the concerting parties from reaching their target. Minority shareholders therefore sued, even though Italian mandatory bid rules (MBRs) do not contain any specific rule concerning minority shareholders' entitlement to dam...
Article
Coming shortly after the Enron and WordCom scams, the Parmalat scandal offers a good opportunity to compare failures on both sides of the Atlantic. In this paper, we start by tracing Parmalat's history and describe the frauds and the criminal proceedings and civil actions that followed the company's collapse both in Italy and the US. We then focus...
Article
Full-text available
In this article I investigate representative litigation in the Italian company law and financial law context. In Section I, I will analyze derivative actions, which were introduced in 1998 and which can be considered up to now an abject failure. In Section II, I will cover class actions, which were introduced at the end of 2007 in the form of a new...

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