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Il piano attestato di risanamento: uno strumento di risoluzione della crisi finanziaria d’impresa tuttora efficace

Francesca Burigo    Assegnista di ricerca nell’Università di Firenze, Italia    

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abstract

More than ten years after the major reform of the Bankruptcy Code, the Certified Restructuring Plan still represents a relevant instrument for those enterprises which are involved in financial crisis. It is an out-of-court proceeding of internal reorganisation of the entrepreneur, that may involve creditors with restructuring agreements. Art. 67, paragraph 3, letter d), of Royal Decree 16 March 1942, no. 267, does not describe the instrument or its content, it only highlights the aim of restoring the debtor’s economic and financial balance and regulates the effects in the bankruptcy procedure of the failure of a Certified Plan. It envisages the exemption from claw-back actions for those operations and acts performed in execution of a restructuring plan certified by an independent professional. The law requires specific conditions for the role of this professional and the related activity of certification: basically the professional shall be an expert and his report shall certify the truthfulness of data and the feasibility of the plan to remove the distress. The evaluation of feasibility shall be intended on the base of data and assumptions known at the moment of the certification, in an ex ante perspective. When the plan is aimed at restoring a sustainable financial situation and the certificate is pursuant to art. 67, paragraph 3, letter d) of the Bankruptcy Code, the executing operations pursuant to the plan are exempted from claw-back actions in the possible following insolvency procedure and, if the plan is published in the Companies’ Register, specific taxation benefits are granted to the debtor. In order to set an organic reform of the Bankruptcy Code the proposal prepared by the Commission appointed by the Ministry of Justice considers the maintenance of the Certified Restructuring Plan and suggests the introduction – in the provisions of the law – of features and conditions that doctrine and common practice have already emphasised.

Published
Dec. 15, 2016
Accepted
Feb. 12, 2017
Submitted
Feb. 1, 2017
Language
IT

Keywords: Certified Restructuring PlanArtFinancial distress67 Bankruptcy Code

Copyright: © 2016 Francesca Burigo. This is an open-access work distributed under the terms of the Creative Commons Attribution License (CC BY). The use, distribution or reproduction is permitted, provided that the original author(s) and the copyright owner(s) are credited and that the original publication is cited, in accordance with accepted academic practice. The license allows for commercial use. No use, distribution or reproduction is permitted which does not comply with these terms.