The 49% shareholder of […] limited liability company, declared bankrupt on May 2012, who was charged as de facto administrator, was acquitted by fraudulent crimes of bankruptcy distracting and documentary and conspiracy to commit forgery in a public deed (articles 216, paragraph 1, no. 1 and no. 2, 219, paragraphs 1 and 2, no. 1 , Royal Decree 267/1942 and articles 476, paragraph 1, Criminal Code) “for not having committed the fact”.
According to the indictment, the shareholder has diverted, in conspiracy with the formal and apparent Director, the amount of € 315.318,00; additionally, the accused would not deliver to liquidator the mandatory corporate accounting, and she failed to file financial statements for the 2011 financial year.

The defence succeeded in recovering from the Public Register of the Chamber of commerce the original shareholder’s meeting minutes, filed in May 2010, and was therefore able to prove the timeliness and rituality of the change of administrative body with consequent irresponsibility of both the resigning and the succeeding Director; the accused was also able to exclude the status of de facto administrator.

Public hearing, Court of Rome, Fourth Collegiate Criminal Section, of Tuesday 30 May 2023.

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