The Italian Code of Business Crisis by Giorgio Cherubini and Giovanna Canale

In our Country Report in the Winter Edition of eurofenix 2018/19, we anticipated that the Code of Business Crisis and Insolvency was in the process of being finally approved.

The Code of Business Crisis and Insolvency was introduced by Legislative Decree n°14 of January 12, 2019, published in the Official Gazette dated February 14, 2019, and implements the Law n°155 of October 19, 2017 - the contents of which was drafted by the “Rordorf Commission”, established by the Minister of Justice by a Decree dated October 5 2017.

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Country Report_Italy - by Eugenio VACCARI

On 11 October 2017 the Senato della Repubblica approved the final version of a law aimed at systemically reforming Italian insolvency law, which in its fundamentals dates back to 1942. Law no. 155/2017 (‘the act’) has been published on the Gazzetta Ufficiale on October 30, 2017 , and entered into force on 14 November 2017 (Year 158, No. 254). This reform is based on the preparatory work of the ‘Rordorf Commission’, a group of experts appointed by the Ministry of Justice in January 2015 with the task of writing a reform proposal to modernise insolvency statutes.

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Italy: Local public transport at a crossroad

The development of local public transport in Italy has suffered growing pressure since the outburst of the financial crisis. This country report describes the debate for reform in the country and the current situation. It concludes that urgent intervention is needed. The vast majority of companies operating in the sector receive funds from both regional and state authorities. However, pressure to reduce budget deficits has imposed significant cuts to these transfers.
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“Festina lente” in NPL management in Italy

“Festina lente”, (“make haste slowly”) was one of the favourite sayings of the Roman emperor Augustus related to military operations1. It could also be useful in the management of Non-Performing Loans. The International Monetary Fund says, in Italy: “NPL reduction strategies and targets need to be ambitious and credible, aided by supervisory assessments of banks’ capacity to resolve NPLs in a realistic and timely manner2”. “Timely”, that is, “quickly”. Usually, a quick solution for managing NPLs is their sale. One of the main problems is the “fair” transfer price.
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Comprehensive reform of Italian insolvency law gets under way

In Italy a comprehensive and systematic reform of insolvency law is pending, following approval by the Italian Senate (Senato della Repubblica) on 11 October 2017 of the “disegno di legge n. 2681”, which confirmed the draft law (legge n. 3671bis) passed by the Italian Chamber of Deputies (Camera dei deputati) on 1 February 2017. Click here for more.
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Comprehensive reform of Italy’s bankruptcy laws

On October 11, 2017, the Italian Parliament passed a law (the “Reform Law”), which authorizes the Government to introduce a sweeping reform of Italy’s bankruptcy legislation (which dates back to 1942 but was subject to significant amendment in recent years) in accordance with certain principles set out in the Reform Law. The reform is expected to entail a major overhaul of Italy’s bankruptcy and restructuring framework, including by (i) introducing alert measures seeking to identify and address distress situations at an early stage, (ii) facilitating the restructuring of corporate groups, (ii
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