If, under a shareholders’ resolution, the loan granted by a shareholder in favour of the company cannot be repaid until a certain date, the five-year prescription for the right to repayment of the shareholder, as per Italian law, runs only from such date.

A comment on judgement no. 7471 of 23 March 2017 of the First Civil Chamber of the Court of Cassation.

La prescrizione quinquennale del diritto al rimborso del socio finanziatore comincia a decorrere soltanto dalla data in cui la prestazione diviene giuridicamente esigibile

If, under a shareholders’ resolution, the loan granted by a shareholder in favour of the company cannot be repaid until a certain date, the five-year prescription for the right to repayment of the shareholder, as per Italian law, runs only from such date.

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