Milano 16 gennaio 1888
(raccomandata)
Ho l’onore di rispondere alla
Che tale sia stato lo studio del
Per l’affare in quistione oltre che dal
Nell’esame dell’affare ch’io feci col
Sarebbe invece a vedersi se non sia il caso di registrare la ricevuta a saldo, rilasciataci dal M.° Verdi: questa allora si potrebbe rifare nelle forme volute, e colla data utile per la registrazione, e ciò per gli effetti della
Mi deve perdonare Eg.° D.re: se non essendo io legale, le ho fatto una così lunga chiacchierata = ma o bene, o male, credo essermi spiegato, e che le conclusioni sono queste:
a) Il presente Atto non fu steso per essere registrato: contiene una efficace garanzia pel
b) Se assolutamente vuolsi la registrazione, bisogna rifare di sana pianta tutto, limitarsi ad un semplice mutuo fiduciario per le 200/m. escludendo la garanzia offerta: e non so con quanta convenienza del
c) Resta a studiarsi se e come invece convenga registrare la ricevuta a saldo del
Gradirò quindi un di Lei riscontro in proposito, anche dopo aver consultato, se crede necessario, l’illustre
In attesa mi creda colla massima stima e considerazione
D.mo
Giulio Ricordi
Milan, 16 January 1888
(registered post)
I have the honor of responding to your esteemed
The fact that this has been the deliberation of our legal consultant, who is most highly regarded in the court of Milan, can be inferred from the formulation of the act, which as it is would never be advisable, indeed impossible to register; in fact, that guarantee given on the percentages of the rentals would no longer be possible, because it would lead to such a complication in registration, and to such an inflated evaluation of the percentages themselves, that the terms of the contract would be nothing less than ruinous: that’s how we are reduced to having to work with the ill-begotten Italian fiscal laws!!... You will have further observed that two other contracts, because they were considered in good faith to be simple modifications of previous ones, were not registered, as advised by the legal counsel of the liquidated administration: certainly they would not have been included in this financial agreement, should it have been considered necessary to register it. As a rule we register in fact all of our contracts, when these reflect public performances, and therefore involve possible contestations: for these it is necessary, but for all that regards internal administrative affairs, the registration comes later, otherwise the continual stipulation of contracts and movement of capital, which is an inherent characteristic of our commercial activity, would mean that registration would be the equivalent of giving over every bit of income to the government. In many, many years of activity we have never encountered a single contretemps; and this rule of ours is also followed by other important administrations that are among the most prudent and respected of our
For the affair in question, in addition to
In the examination of the business transaction that I undertook with our Lawyer, our point of departure was to draw up a simple Act of internal administration, not to be registered: willing to run the risk at worst of a late registration and consequent fine, in the unforeseeable case of a dispute requiring the legal presentation of this document. Otherwise, it would have been necessary to proceed with another form. Note further, Esteemed Doctor, that
On the other hand, whether it might be the case to register the receipt of payment signed by M. Verdi bears worth looking into: this then could be done in accordance with required procedures, and with the date useful for the registration, and for the purposes of declared income, even though I firmly maintain that the simple payment due as stated in a contract should not be considered an increase in disposable income: which sum could very well be invested when received and therefore naturally subject to the relative income tax. Rendering what is owed to the State is fine: it is the moral obligation and duty of a good citizen; but letting the State dip its hand into your pocket like a thief, which would be our fate at the hands of the Italian fiscal authority, this is really too much, since any commercial enterprise, any industry would be reduced to ruin. And incidentally, I would like to know if, when
You must pardon me, Eg. Dott., if, not being a lawyer myself, I have gone on at such length; but for better or for worse, I believe I have clarified my viewpoint, and that the conclusions are these:
a) The present Act was not intended to be registered: it contains a reliable guarantee for the
b) If registration is absolutely desired, it is necessary to redo everything from the start, with the limit of a simple fiduciary loan for the 200,000 excluding the guarantee offered: and I do not know with what convenience for
c) It remains to be seen, on the other hand, whether and how to register the receipt of payment signed by
I would therefore greatly appreciate your response concerning these matters, possibly after having consulted the illustrious
I await, with the utmost respect and consideration,
Yours most sincerely,
Giulio Ricordi