84458 - Legal Discipline of the Business Crisis

Learning outcomes

The course aims to provide students with knowledge of the fundamental principles governing insolvency procedures, with particular focus on the regulation of judicial liquidation and organizational and legal actions to prevent it under the rationale of the reform of the Italian Code of Business Crisis and Insolvency.

Course contents

The concept of entrepreneur in the Italian Code of Business Crisis and Insolvency

The enterprise - the company and its protection in the Italian Code of Business Crisis and Insolvency

The concept of crisis and insolvency : scope of application and definitions

Adequate organizational, accounting and administrative assets

Objective and subjective prerequisites for procedures

Out-of-Court Settlement of Crisis

Tools for crisis management :

• Attested recovery plan
• Debt restructuring agreements
• Facilitated debt restructuring agreements
• Extensive restructuring agreements
• Extensive restructuring agreements if debts to banks and financial intermediaries are not less than half of the total debt
• Moratorium agreement
• Tax and contribution credit transaction
• Restructuring plan subject to homologation
• Preventive concordat

Tools for managing over-indebtedness :

• Consumer debt restructuring
• Minor concordat

Judicial liquidation

Controlled liquidation of the over-indebted

Public companies, the crisis between TUSP and the Italian Code of Business Crisis and Insolvency

Readings/Bibliography

Italian Code of Business Crisis and Insolvency (relevant articles)

Italian Civil Code (relevant articles)

UnionCamere portal: https://composizionenegoziata.camcom.it/ocriWeb/#/home

Ministerial decree of September 28, 2021, as supplemented by Ministerial decree of March 21, 2023, containing the technical specifications for applying the legislation

Foundation of Accountants: research document examining the institute of out-of-court settlement and the role of the board of auditors (FNC research doc. 04.11.2021)

Any additional texts will be communicated

Teaching methods

Frontal lesson with the aid of slides

Assessment methods

Learning is assessed through a single final exam, which verifies the acquisition of the expected knowledge and skills through an oral exam.

It is not possible to bring books, notes, or electronic devices into the exam room.

Registration for the exam is mandatory and students must register through AlmaEsami according to the general rules of the School of Economics, Management, and Statistics.

The final score is 30 points and the minimum passing score is 18/30.

Grades are as follows:

<18: insufficient

18-23: sufficient

24-27: good

28-30: excellent

30 and honors: outstanding

Teaching tools

Slides provided by the teacher

Office hours

See the website of Marco Tognacci