The work, updated to Decree Law No. 118/2021 converted with amendments into Law No. 147 of Oct. 21, analyzes the new features introduced for resolving the crisis of enterprises. The novelty intervenes on two main lines: the postponement of the entry into force of Legislative Decree no. 14 of 2019, better known as the Business Crisis and Insolvency Code, whose innovations were deemed unsuitable for application in the current macroeconomic crisis context; the introduction of the new instrument of negotiated settlement of business crisis and insolvency, which has the ambitious goal of incentivizing the Italian entrepreneur to make use of out-of-court tools for resolving business crisis and insolvency, with a view to deflating insolvency litigation and, above all, safeguarding business continuity, even indirectly. Therefore, as of November 15, 2021, all companies, regardless of their size and nature, that are close to crisis or are already in a state of reversible insolvency, through the national telematics platform, will be able to request the appointment of the so-called independent expert, who will assist the entrepreneur in seeking an agreement with its creditors, an agreement that can flow into the innovative out-of-court crisis resolution tools, such as the moratorium agreement now extended to all creditors and no longer to banks and financial intermediaries. With summary TABLES and SCHEMES it summarizes the various steps for clear and immediate reference.

• Publisher: Revelino
• Date of Publication: December 20, 2021
• Pages: 313
• Topics: Corporate Law