Le società di capitali "aperte" tra codice civile e TUF

The concept of “open companies” is systematically relevant, At the same time its discipline is criticized, having regard to the provisions dictated both in the field of s.p.a. that of s.r.l. A better understanding andacceptance of it derives from the clarification of its essence in the circumstance of the existence of shareholders who have adhered to a market offer. This figure has repercussions both in company law and infinancial market law: and at both levels this relevance occurs differently depending on whether the investment is the subject of a primary or secondary market affair. The so-called open srl does not present the same problems, because it cannot properly be considered a company in which the members have adhered to a market offer.