Individuals interested in becoming partners, whether they be natural persons, companies, associations or in general, entities, must have the legal capacity to act, i.e. carry out transactions that are valid from a legal standpoint.
Can joint-stock companies be members of a partnership? The issue was a matter for debate up to recently, but an affirmative solution was provided by the law that entered into force as of January 1 2004.
Participation by other entities in companies can give rise to different solutions depending on the participating entity and on the type of company that is formed.
In general, any natural person above the age of eighteen who is an Italian citizen or who is a citizen of any European Union country can set up a company.
The participation of minors who are independent, of disqualified persons and of persons under judicial interdict is possible but is subject to special authorization. Special caution is necessary when a supporting director is appointed to assist a partner. In such case it will be necessary to comply with the decree that appoints the director. The variety and multiplicity of situations that may occur, depending on the type of company to be set up, on the circumstances that determine the birth of a company (for instance co-owners of a company as a result of inheritance) and on the nature and quality of the individuals and entities that wish to set up the company, suggest that it be done with the assistance of a notary who can provide advice on the best solution for each concrete case.
The participation of foreigners, who are not citizens of a European Union Country, is possible, within the limits envisaged by law. Also in this case, seek the professional advice of a notary.