11:30 AM - 12:30 PM. MADE IN ITALY: Panel Supported by BonelliErede, TARGET:Art Law for Registrars: emerging legal aspects of the international circulation of artworks, tax issues in collecting artworks, the liability of cultural entities and the codes of ethics.
Tracks
Sala Sinopoli
| Thursday, November 7, 2024 |
| 11:30 AM - 12:30 PM |
Details
Prof. Avv. Manlio Frigo, BonelliErede
Avv. Francesco Sbisà, BonelliErede
Dott. Alfredo Malguzzi, TARGET
Dott. Pietro Villa, TARGET
Moderator: Avv. Silvia Stabile, Senior Counsel, TARGET
Manlio Frigo - Abstract
This presentation focuses on the international practice in the field of cultural property disputes and examines the most effective and reliable dispute resolution methods in restitution and return of cultural property. Particularly in cases of disputes between Governmental authorities and foreign museums concerning the return or restitution of cultural property one of the privileged solutions may consist in negotiating contractual agreements. The recent international and Italian practice have proved that these agreements may either prevent any judicial steps or lead to a conclusion of pending administrative or judicial proceedings and have been successfully tested in recent years, more frequently within a wider frame of agreements of cultural cooperation. These agreements provide new forms of cooperation between the parties involved in such disputes and represent a mutually beneficial way-out with a view to a future of collaboration.
Francesco Sbisa' Abstract
The conference presentation will deal with the protection of cultural heritage through the tools of criminal law and of the “231” corporate liability. Firstly, the focus will be on the recent inclusion of crimes related to the protection of cultural heritage in the 231 predicate offences and on the resulting impact on corporate internal organization, especially in terms of procedures and protocols (e.g., the due diligences in art transactions). Additionally, the presentation will examine relevant case studies.
Alfredo Malguzzi and Pietro Villa Abstract
The subject of the presentation will be a preliminary overview of the application of value-added tax (VAT) in the context of the national and international circulation of works of art. Beginning with an analysis of the key aspects of the current Italian legislative framework, in comparison with certain foreign jurisdictions, the presentation will develop observations and reflections on the upcoming and unavoidable tax reform in this area.
Speaker
Avv Manlio Frigo
Belex
11:30 AM - 12:30 PM. MADE IN ITALY: Panel: Art Law for Registrars: emerging legal aspects of the international circulation of artworks, tax issues in collecting artworks, the liability of cultural entities and the codes of ethics
11:30 AM - 12:30 PMBiography
Former full professor of International Law and of International Contracts and Arbitration Law at the Milan State University; Member of the Steering Committee of the PhD in International Economic Law of the Bocconi University, Milan; Member of the Committee on Cultural Heritage Law of the ILA (International Law Association); former member of the Legal Affairs Committee of ICOM; Vice-president of the Société internationale pour la recherche en droit du patrimoine culturel et droit de l’art. Of Counsel at BonelliErede, Milan office.
Avv Francesco Sbisa'
Bonelli Erede
11:30 AM - 12:30 PM. MADE IN ITALY: Panel: Art Law for Registrars: emerging legal aspects of the international circulation of artworks, tax issues in collecting artworks, the liability of cultural entities and the codes of ethics
11:30 AM - 12:30 PMBiography
Francesco Sbisà is a partner at BonelliErede and a member of the firm's Art and Cultural Heritage Focus Team.
He is the coordinator of the firm's criminal law practice and is a recognised expert in criminal law and criminal procedure, as well as in the regulation of the administrative liability of corporate bodies; he specialises in criminal assistance in economic, environmental and health and safety matters. He also has extensive experience in art and cultural heritage offences, assisting major Italian and foreign museums, art galleries and public and private collectors.
Francesco is a lecturer in several Master's Degree Courses on the administrative liability of corporate bodies and is a member of the Scientific Committee of the Territorial School of the Milan Criminal Chamber.
For twenty years he collaborated with the Chair of Criminal Procedure at the University of Milan.
Lecturer at the Faculty of Law of the University of Milan from 1993 to 2012 in comparative criminal law and criminal procedure and Ph.D in comparative criminal procedural law from the University of Milan.
Dott. Alfredo Malguzzi
TARGET
11:30 AM - 12:30 PM. MADE IN ITALY: Panel: Art Law for Registrars: emerging legal aspects of the international circulation of artworks, tax issues in collecting artworks, the liability of cultural entities and the codes of ethics
11:30 AM - 12:30 PMBiography
Alfredo Malguzzi focuses on tax aspects of extraordinary transactions (M&A, structured finance and restructuring), tax structuring, tax planning (for both corporates and individuals), and corporate governance matters. He also has a significant experience on complex tax audits, tax assessment agreements and settlements, and tax litigations.
He serves as board member, statutory auditor and member of governance committees of several leading Italian companies, both private and public.
Before founding TARGET in 2021, Alfredo Malguzzi worked for several years in leading Italian and international tax firms. Alfredo was a founding and name partner of Malguzzi e Associati - Studio legale tributario and a partner of Pedersoli e Associati - Studio Legale, where he was co-founder and head of the tax department. Prior to that, he was a founding and name partner of Malguzzi e Zingales.
Dott. Pietro Villa
TARGET
11:30 AM - 12:30 PM. MADE IN ITALY: Panel: Art Law for Registrars: emerging legal aspects of the international circulation of artworks, tax issues in collecting artworks, the liability of cultural entities and the codes of ethics
11:30 AM - 12:30 PMBiography
Pietro Villa focuses on tax and corporate advisory. He advises clients on extraordinary transactions and reorganizations of family assets.
He serves as member of the boards of directors and boards of statutory auditors of several leading Italian companies, private and public.
He frequently speaks at conferences about family tax planning.
Prior to founding TARGET, he was a partner at Malguzzi e Associati – Studio Legale Tributario, a founding partner at GPAV Dottori Commercialisti Associati and a partner at Studio Commercialisti Associati, all Milan-based. Before that, he worked with Studio Camozzi e Bonissoni Dottori Commercialisti, also in Milan.
Avv Silvia Stabile
Target
11:30 AM - 12:30 PM. MADE IN ITALY: Panel :Art Law for Registrars: emerging legal aspects of the international circulation of artworks, tax issues in collecting artworks, the liability of cultural entities and the codes of ethics.
11:30 AM - 12:30 PMBiography
Silvia Stabile, a lawyer and Senior Counsel at TARGET, has gained a wide experience in Art, Copyright and IP law, working for many years with major institutions and with relevant private clients, in the field of management of public collections and individual and family artistic heritage; her experience has also seen her engaged alongside some of the major international luxury groups and many important Italian industrial companies for projects of enhancement of historical corporate archives and corporate art collections and museums, sponsorship of cultural property, and protection of IP rights. Author of monographs, essays and articles in leading national and international legal journals and art publications, she is a lecturer in intellectual property law, art and fashion law in undergraduate masters and postgraduate courses. For Wolters Kluwer, she is the scientific coordinator of the Master in Law and Taxation of International Art Markets, since 2017. Co-founder of the Italian Gallery Climate Coalition group, she is a supporter of the environmental protection initiatives of international art world organizations. She is editor of the book “The Law and Taxation of International Art Markets” (Wolters Kluwer, 2024), and of the ARTech Law column of Insideart magazine (https://insideart.eu/).
