Business Law and Enterprise Types Flashcards (70 cards)

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1Question

What is the legal definition of an entrepreneur according to Article 2082?

Answer

A person who professionally conducts an organized economic activity producing or exchanging goods or services.

2Question

What distinguishes a professional activity from an occasional one?

Answer

It must be habitual rather than occasional.

3Question

Can a professional activity be seasonal or combined with another activity?

Answer

Yes, if it recurs over time.

4Question

What does an economic activity produce for the market?

Answer

Goods or services.

5Question

What financial condition must an economic activity theoretically meet?

Answer

It must be capable of covering its costs.

6Question

What defines an enterprise in economic terms?

Answer

An organized economic activity.

7Question

What is an azienda in business context?

Answer

The set of goods organized by the entrepreneur.

8Question

Who is the legal subject directing an enterprise and bearing its risk?

Answer

The entrepreneur.

9Question

How can enterprises be classified by their purpose?

Answer

As profit-oriented or non-profit.

10Question

What are the legal forms by which enterprises can be classified?

Answer

Individual or collective.

11Question

Who is defined as a commercial entrepreneur?

Answer

A person conducting commercial activities listed in Article 2195 of the Civil Code.

12Question

What activities does Article 2195 list as commercial?

Answer

Industrial production, intermediation, transport, banking or insurance, and auxiliary activities.

13Question

Who must have full legal capacity to start a commercial enterprise?

Answer

A commercial entrepreneur must have full legal capacity to act.

14Question

Who may never start a new commercial enterprise in their own name?

Answer

A minor, an interdicted person, or an incapacitated person.

15Question

Under what condition can minors and interdicted persons continue an existing enterprise?

Answer

Only with Tribunal authorization and legal representative management.

16Question

Who manages the enterprise for minors and interdicted persons continuing it?

Answer

The legal representative manages it in their name and for their account.

17Question

What can an inabilitato do with authorization regarding a commercial enterprise?

Answer

Continue the enterprise performing ordinary administration personally.

18Question

What assistance does an inabilitato require for extraordinary administration?

Answer

The curator's assistance is required.

19Question

Which professions are incompatible with commercial activity?

Answer

Notaries, lawyers, ambassadors, consuls, magistrates, state employees, police, and armed forces members.

20Question

What is required before engaging in insurance, banking, and financial activities?

Answer

Prior administrative licenses or authorizations.

21Question

What happens if insurance, banking, or financial activities lack required authorizations?

Answer

It constitutes inabilitazione and leads to administrative and criminal sanctions.

22Question

What registrations does the Comunicazione unica d’impresa handle simultaneously?

Answer

Business Register, tax-code and VAT, INPS, INAIL insurance, and SCIA to municipal SUAP.

23Question

What is the Registro delle imprese?

Answer

A public computerized register managed by the Chamber of Commerce of each province.

24Question

Within how many days must a commercial entrepreneur register in the Business Register?

Answer

Within 30 days of starting the activity.

25Question

What does legal publicity inform third parties about?

Answer

Legal acts and facts.

26Question

What are the three types of legal publicity?

Answer

Informative, declaratory, and constitutive.

27Question

Why does declaratory publicity have a positive effect?

Answer

Because registered facts are presumed known and cannot be denied by third parties.

28Question

What is the negative effect of declaratory publicity?

Answer

Unregistered facts cannot generally be invoked against third parties, though actual knowledge may be proved.

29Question

Which accounting books must non-small commercial entrepreneurs keep?

Answer

The journal and inventory books.

30Question

What does the journal record in accounting?

Answer

Operations chronologically and immediately.

31Question

What does the inventory evaluate and when?

Answer

Assets and liabilities at the start and end of each year.

32Question

When do accounting records prove against the entrepreneur?

Answer

Even when irregularly kept.

33Question

Under what conditions do accounting records prove in the entrepreneur's favor?

Answer

When regularly kept, duly authenticated, and used against another entrepreneur.

34Question

What defines insolvency in a debtor?

Answer

The inability to regularly satisfy obligations shown by defaults or external facts.

35Question

What makes insolvency probable in a crisis?

Answer

Economic and financial difficulty causing prospective inability to meet obligations with expected cash flows.

36Question

When did the Crisis and Insolvency Code replace bankruptcy?

Answer

July 2022.

37Question

What did decree 14/2019 reform?

Answer

The former bankruptcy system.

38Question

What are the goals of the new Crisis and Insolvency Code?

Answer

Early crisis detection, preserving enterprise continuity, and ensuring equal creditor treatment through collective procedures.

39Question

How does the new code treat creditor claims?

Answer

Through collective procedures rather than individual enforcement actions.

40Question

What defines a tourism enterprise according to the Codice del turismo?

Answer

An organized economic activity producing, marketing, intermediating or managing tourism products, services, infrastructure or establishments.

41Question

What registration must tourism enterprises have to access subsidies?

Answer

They must be registered in the Business Register with declaratory publicity.

42Question

Which types of accommodation structures are included in tourism?

Answer

Hotel, para-hotel, non-hotel, open-air facilities like campsites and tourist villages, and mere-support facilities.

43Question

What must an operator submit to start an accommodation structure?

Answer

A SCIA to the municipal SUAP with holder's details, activity type, star classification, premises plan, room types and number of beds.

44Question

What is agritourism in relation to agricultural entrepreneurs?

Answer

Hospitality and reception through their farm linked to cultivation, forestry, or animal breeding.

45Question

What qualifications and conditions are required for agritourism?

Answer

Agricultural entrepreneur status, use of an agricultural enterprise, and prevalent agricultural activity.

46Question

What activities define an agricultural entrepreneur?

Answer

Caring for and developing a biological cycle including cultivation, forestry, and animal breeding.

47Question

What do connected agricultural activities include?

Answer

Conservation, transformation, marketing, enhancement of products, and related services using main activity resources.

48Question

What characterizes a small entrepreneur's work involvement?

Answer

The entrepreneur and family personally work, prevailing over employees and invested capital.

49Question

What registration and insolvency rules apply to small entrepreneurs?

Answer

They are exempt from ordinary Business Register registration, accounting records, and collective insolvency procedures.

50Question

What defines a family enterprise's ownership and worker relations?

Answer

The owner is sole owner and responsible; relatives work without subordination or corporate ties.

51Question

What rights do family collaborators have in a family enterprise?

Answer

Maintenance, profit participation, asset shares, and majority vote in key decisions.

52Question

How does an institore's management role differ from a procuratore's?

Answer

Institore manages whole enterprise or branch with broad powers; procuratore acts in a specific sector.

53Question

What are the limitations of a commesso's role in a family enterprise?

Answer

Performs only ordinary acts without decision-making powers.

54Question

What risks and responsibilities does the entrepreneur bear?

Answer

Business risk, responsibility for collaborators' and employees' damage to third parties, and main workplace-safety obligations under Legislative Decree 81/2008.

55Question

What does the Commercial Entrepreneur Statute impose on non-small entrepreneurs?

Answer

A particularly rigorous regime to protect the public and creditors.

56Question

What is separate from management for an incapacitated person?

Answer

Formal ownership and exposure to business risk.

57Question

Who manages the business of an incapacitated person?

Answer

The legal representative manages it.

58Question

What sanctions can occur for performing incompatible public and commercial activities?

Answer

Disciplinary sanctions like removal from a professional register or dismissal from public employment.

59Question

How must accounting records be numbered and preserved?

Answer

Numbered progressively and preserved for ten years from last entry.

60Question

How must accounting records be kept besides numbering?

Answer

Clearly and orderly.

61Question

What is judicial liquidation?

Answer

Liquidation of the insolvent entrepreneur's assets for distribution.

62Question

What is preventive composition in insolvency procedures?

Answer

A procedure seeking restructuring by continued activity or sale under judicial supervision.

63Question

What activities can agritourism include besides accommodation?

Answer

Open-air hospitality, meals from farm products, product tasting, and recreational, cultural, educational, sporting, hiking, or horse-tourism activities.

64Question

Which law sets the national framework for agritourism?

Answer

Law 96/2006.

65Question

Who regulates administrative and health details of agritourism?

Answer

The Regions.

66Question

What registration and regime apply to agricultural entrepreneurs?

Answer

They register declaratively in a special Business Register section and have a more favorable regime than commercial entrepreneurs.

67Question

What are the main requirements for an artisan's enterprise conduct?

Answer

Personal management, predominantly manual work, limited workers, and mainly producing finished or semi-finished goods or services.

68Question

Which relatives are included as family members in family enterprises?

Answer

Spouse, relatives up to third degree, and relatives by marriage up to second degree.

69Question

What does the Cirinnà Law 76/2016 grant to cohabiting partners working in the enterprise?

Answer

A position equivalent to the spouse's in the enterprise.

70Question

Which partners does the Cirinnà Law 76/2016 recognize as equivalent to spouses?

Answer

Cohabiting partners and civilly united partners working without subordination.

Test yourself with the quiz

Answer 37 questions on Business Law and Enterprise Types.

1. Which person meets the Civil Code definition of an entrepreneur?

2. A person sells handmade decorations every December through a recurring business operation. How should this activity be classified?

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