L’eclissi del capitale sociale ai tempi del Covid-19 - The eclipse of share capital at the time of Covid-19

The eclipse of share capital at the time of Covid-19 What about the legal capital? Such question is faced by the lawyers in order to support the function of rules that seem to be anachronistic, inefficient or, in any case, not suitable for carrying out the goals of EU laws on company’s capital. Moreover, the financial crisis (pandemic or structural) has made the legal capital an empty concept. The topic is discussed both from a legal and economic perspective, due to the differences between the main legal systems (essentially, US and Europe) and the evidence given by the Law and Economics analysis of the efficiency of the s.c. “solvency” test. This article argues with the possibility of imagining a sort of conversion of the legal capital into the risk of the loss of net assets and of transferring the matter of poor capitalization of companies on the insurance market.