After John Elkann was investigated in Turin following a complaint from his mother, Margherita Agnelli, for possible tax irregularities, the lawyer’s second daughter is now speaking. And she does so by means of a letter that her lawyer Dario Trevisan sent toHandle. In which he clarifies the situation regarding control of Dicembre, the family’s safe: «If I win the civil cases, I become a partner and can judicially obtain that he be revoked from his role as director. A company director, if convicted of tax offences, can be disqualified. And John is under investigation in Turin precisely for that…”.
The “armored” control
Trevisan’s words come after John accused Margherita Agnelli of “physical and psychological violence”. And after the agency’s interview with Jennifer Clark, author of The Last Dynasty. The saga of the Agnelli family from Giovanni to John (Solferino). In which the American journalist declared that the control of Dicembre (the company that controls Exor and therefore Stellantis, Ferrari and Juventus) «is secured thanks to a notarial deed, signed at the Grande Stevens studio on 24 March 1999, which reads: ” Should Mr. Giovanni Agnelli be absent or prevented for any reason, the administration in his identical position with the same powers and prerogatives will be assumed by Mr. John Philip Elkann””. But according to the lawyer Trevisan, who speaks on behalf of his client, there is nothing true.
The answer
«The only information on the alleged modifying facts regarding Dicembre can only be found from what was reported – on the basis of mere photocopies – to the Turin Company Register by the company (i.e. by its sole director John Elkann and by the notary Remo Morone, with the competition of the other two alleged partners Lapo and Ginevra Elkann), through registrations made only in 2021, i.e. 22 years after that alleged modification. If the photocopy of the deed of 24 March 1999 were to conform to the original, it would still be a simple private agreement, without authentication. Not ‘a notarial deed'”, declared the lawyer.
A place at risk
Furthermore, there would appear to be no “armored” control: “If Margherita Agnelli in de Pahlen saw her claims accepted in the civil disputes, she could acquire the majority of Dicembre’s shares.” At that point the job of his son John would be at risk: «The director of a partnership – such as Dicembre – can be removed from office for “just cause”. In this case, each shareholder can judicially obtain the revocation of the administrator”. It does not end here. «If a director of a simple company is convicted of tax crimes, he can also receive a ban from carrying out this activity for a period ranging from 6 months to 3 years, with immediate termination of office and consequent appointment of a new director ».
The investigation
And this is linked to the problems that Elkann has to face with reference to the investigation by the Turin Prosecutor’s Office. According to the accusation, the president of Stellantis together with the Turin accountant Gianluca Ferrero (current president of Juventus) and Robert Von Groueningen, administrator of Marella Agnelli’s inheritance on behalf of the Swiss judicial authority, agreed to declare the residence in Switzerland of the grandmother in order to avoid paying Irpef in Italy. «The verification of actual residence in Italy takes on central importance – concludes Trevisan on behalf of Margherita Agnelli – A circumstance subject to verification in civil proceedings for the acceptance of Margherita Agnelli’s requests in de Pahlen, with possible consequent modification of the ownership structure of the December”.
