AI and Board Within Italian Corporate Law: Preliminary Notes

European Company Law 17(3):87

10 Pages Posted: 3 Mar 2020 Last revised: 29 Sep 2020

See all articles by Gian Domenico Mosco

Gian Domenico Mosco

Luiss University - Faculty of Law; Bank of Italy

Date Written: February 21, 2020

Abstract

Artificial Intelligence (hereafter: AI) is transforming our everyday life in many important respects. The corporate realm is no exception. Many corporations cannot avoid facing the variety of issues raised by the increasing importance that AI plays within firms. Can an AI-based system be appointed as a board member? Can boards delegate specific tasks to AI-based systems? What are the implications and consequences of AI-involvement when designing the corporate structure? How does the choice to resort to, or to depart from the suggestions of an AI-based system expose, eliminate, or alleviate directorial liability? After a general discussion of AI and its projected use in the corporate context, this article aims to address, in a preliminary fashion, these basic questions within the framework of Italian corporate law.

Keywords: Artificial Intelligence, AI, Algorithms, Corporate Governance, Decision Making, Board of Directors, Directors, Officers, Platform, ILT, Blockchain, FinTech, RegTech, Regulation, Company Law, Business Judgment Rule, Directors' Duties, Director´s Liability

JEL Classification: K10, K11, K20, L10, L20, L50, M14, D23, G38, K22, L22, M15, O16

Suggested Citation

Mosco, Gian Domenico, AI and Board Within Italian Corporate Law: Preliminary Notes (February 21, 2020). European Company Law 17(3):87, Available at SSRN: https://ssrn.com/abstract=3531924 or http://dx.doi.org/10.2139/ssrn.3531924

Gian Domenico Mosco (Contact Author)

Luiss University - Faculty of Law ( email )

Rome
Italy

Bank of Italy ( email )

Via Nazionale 91
Rome, 00184
Italy

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