Amongst the reasons underlying company crises, several corporate, internal and external, local, short-term and environmental factors intertwine, each of which may not be overlooked if the symptoms of a crisis are to be timely perceived in order to investigate the most appropriate solutions to handle it.
Recently the legislators have introduced significant proposals aimed at legally acknowledging the ‘company crisis’ status, not only the ‘irreversible’ situations.
To date several solutions may be adopted ranging from out-of-court settlements – more flexible and faster and aimed at restructuring and recovering the company – to ordinary court-based procedures.
Studio Solidoro professionals have performed activities as official receivers, receivers in procedures for proposed composition with creditors in support of corporations having entered into bankruptcy or out-of-court proceedings or procedures involving recourse to an expert witness in support for the relevant certifications required under artt. 67, 161 and 182 bis of the Bankruptcy Law.
Studio Solidoro plays a key role as a financial advisor in the preparation of the plan and the related agreements, as a negotiator with creditors and as an expert in drawing up the certifications required by the Law.
On the whole Studio Solidoro has handled over 90 proceedings in those different roles.
CERTIFIED RECOVERY PLAN AND RESTRUCTURING AGREEMENTS
In fulfilment of the new provisions on bankruptcy, where the crisis is reversible, other solutions can be implemented, including certified recovery plans and restructuring agreements. Not only do they satisfy creditors but they are also intended to preserve and recover the value and useful purpose of the company – totally or partially – thus granting business continuity.
The certified recovery plan is only the first stage aimed at finding a solution to the crisis, paving the way for a steady process of settlement, initially in charge of the entrepreneur alone who, in the event of unsuccessful rescue strategies, may opt for debt restructuring agreements or composition with the creditors.
PROPOSED COMPOSITION WITH THE CREDITORS
The proposed composition with the creditors – in some ways more flexible and suitable for serious crises up to insolvency – is aimed at satisfying the creditors granting, where possible, business continuity as well as carrying out merely winding-up procedures by selling company assets so as to avoid bankruptcy.
Studio Solidoro professionals act as Judicial Commissioners in the procedures of composition with the creditors, assisting several joint-stock companies in preparing and leading such procedures, drawing up certifications on the fairness of corporate data and the feasibility of the plan.
Should the company crisis be irreversible and the entrepreneur be insolvent, the judicial authorities may claim for a settlement aimed at selling company assets in order to distribute the proceeds among the creditors in accordance with the principle of equal treatment, without prejudice to the legitimate right of pre-emption.
Studio Solidoro has handled over 40 insolvency proceedings as curators, have also assisted insolvent entrepreneurs in preparing bankruptcy petitions on their behalf, there being no conditions to access alternative procedures.
Alessandro Solidoro takes part as a speaker in conferences, writes articles for the specialised press and cooperates in drawing up specialist texts.