Le funzioni del direttore generale: spunti a partire dal potere di removal

The article addresses the responsibilities of the general manager and the related issue of whether the liability established in Article 2396 of the Italian Civil Code can be applied to individuals not appointed by the shareholders’ meeting or the bylaws, due to the absence of legislation determining their typical responsibilities. Starting with the discipline dedicated to general managers by banking regulations – particularly the recently introduced power of removal in the Italian legal system – it becomes apparent that the legislative system can define this entity’s typical responsibilities, thereby removing the obstacles posed by the courts.