The consortium and the consortium company are the best forms for coordinating and managing shared strategies and actions for most companies. The shared strategies and actions aim to carry on business activities and the members of the consortium or the consortium company are the partner enterprises.
E.g.: a common strategy, for example, may be a group of farms grouped in a consortium to market their products under the same brand name.
Please note that their incorporation must be by means of a written deed registered by a notary public. However, the share capital that may be made available to the consortium or the consortium company can vary.
Unlike the consortium, the consortium company:
- pursues the benefit of the participating enterprises;
- may be incorporated as any of the other corporate forms (partnerships and limited liability companies), except as an ordinary partnership (società semplice) and provided that all the rules are compatible;
- its main purpose is not the distribution of profits.
E.g.: the member companies of a consortium company may, for example, try to obtain better conditions for the supply of raw materials.
For further information on the legal status of consortia and consortium companies, please refer to Articles 2602 and those following and 2615-ter of the Italian Civil Code at the following link: www.altalex.com/index.php?idnot=36506.