Edgardo Ricciardiello

The Tools for Preventing the Crisis of Groups between General Principles and Special Disciplines

  • Abstract

Informations and abstract

Keywords: Company Groups; Holding Company; Direction and Coordination; Prevention of Crisis; Financial Plans; Recovery Plans; Financial Interconnection; Shifting of Duties; Interest of Group.

The system outlined, in the light of the reforms of the insolvency law which have followed up to the recent law of the delegation of the reform of the business crisis and of the insolvency procedures can be defined clearly as of «pre-competition» or a system that it focuses on instruments not only «negotiating solutions based» but imposing organizational models functional to its prevention. And this theme stimulates the reflections with regard to the role of direction and coordination by the holding company as a tool of «crisis planning» that is beyond the mere procedural coordination in the course of a pre-proclaimed insolvency. The likelihood of insolvency as an eventual but possible phase of the company's life imposes access to restructuring measures or remediation plans to be adopted when the company is still in good standing or when it is able to react with timeliness. Not by chance, we talk more and more frequently about tools of «preparation» of the crisis and not only early warning in order to identify behavioural codes that the entrepreneur must adopt from the beginning of his activity foreshadowing insolvency as a possible phase of the activity. The need to identify rules of company law that facilitate timely access to the crisis of business is warned in the light of the fact that, in the law of competition, there is a mixture of institutes (bankruptcy and not) that being available Indistinctly of the insolvent enterprise or even in crisis does not facilitate timely access by the entrepreneur for the preservation of the going concern value, registering a often late access to these institutes. Hence the need for intervention on the level of the right of the company to be able to fill the deficit of discipline based on the gradation of the crisis and of the solutions available for its overcoming and to reduce the prevention of the crisis in the field of duty of correct entrepreneurial and corporate management that must permeate the entire activity from its embryonic and organisational phases.

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