Calculation of the days for the delivery of meeting notices

The Italian Supreme Court, with its Order dated 30/06/2021, no. 18635, ruled on the five days calculation for notifying the convening of a condominium meeting, stating that the calculation must be made backwards disregarding the day of convocation, so that in the case of a meeting set for Saturday, the five days must be counted from Friday, with the result that the meeting is lawfully convened on 03/04/2021 if the notice of convocation reaches the summoned by 29/03/2021, in order to comply with the “at least five days before” deadline.

This principle is also valid for the convening of shareholders’ meetings, since article 2366 of the Italian Civil Code requires that the convening notice be published “at least fifteen days in advance” or communicated to shareholders “at least eight days in advance”, and a similar provision is also called out in article 2479-bis of the Italian Civil Code for the shareholders’ meetings of limited-liability companies (“S.r.l.”).