A solution to the crisis for border countries

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The aim was to share different international development experiences in order to discuss the challenges and opportunities encountered by entrepreneurs as well as possible solutions.

Among the contributions, Mauro Michelini, a chartered accountant in France, Italy, and Switzerland, raised the issue that cultural problems persist between the two countries, as well as legal and fiscal issues. The cultural differences are evident in the very foundation of the entrepreneurial system as well as in institutions, payment methods, contractual forms, and procedures that vary from country to country and sometimes differ completely between France and Italy: for example, the structure and competence of the tax office are not the same in France and Italy. Likewise, according to the experience of Jean-Laurent Lepeu, director of Sociรฉtรฉ Imminence in France and its subsidiary Emulis in Italy, the system of automatic bank transfer, very common in France, may be perceived as a lack of trust by an Italian counterpart!

These differences are also noticeable in labor and business law regulations, which vary from one country to another. The French system of business protection laws was mentioned and defended by Jean-Franรงois Tognaccioli for its effectiveness in handling debt collections. Mauro Michelini, on the other hand, praised the Italian system for its speed of action.

Everyone agreed to emphasize that establishing oneself in a neighboring country can have great success prospects if:

  • the product has been studied for the targeted country,
  • the financial situation of potential cross-border partners has been verified (via the visura camerale in Italy, the K bis verification in France),
  • agreements have been put in black and white, and
  • the entrepreneur surrounds himself with expert bicultural advisors (Mauro Michelini notes around fifteen bilingual lawyers between France and Italy).

To address the issues raised by entrepreneurs, the Italian Chamber of Commerce set up a mediation service in 2008 in response to disputes between French and Italian entities. This clause added to contracts made between French and Italian companies guarantees the possibility of recoursing to neutral specialized lawyers in case of disputes to settle conflicts amicably and thus avoid lengthy procedures. A service which, according to Master Concas, provokes “an immediate psychological reaction”, facilitates contract signing and encourages mutual trust.

Under the impetus of this creative dialogue, the Italian Chamber of Commerce decided to renew these meetings and go further in advising companies by launching, in early 2009, a Franco-Italian business club organized by sectors.

In this regard, the mission of the Franco-Italian business club will be to:

  • Provide information through advice from technical experts and specialized bicultural lawyers,
  • Exchange different knowledge and experiences to avoid certain mistakes and save time in actions,
  • Develop a professional network, and
  • Create a pilot pool of lawyers charged with defending the common interests of companies before the highest authorities.

On this note, Master Concas reminded that “more than 5 million civil and commercial procedures are currently underway between France and Italy”. Therefore, the Italian Chamber of Commerce proposes to unite the forces of companies within a committee of expert lawyers for common procedures.

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