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Investing in the future
The development of legislation is represented by the AC 3671-bis Bill on the "Delegation to the Government for the organic reform of the disciplines for company crisis and insolvency" elaborated by the Rodorf Commission, which transposes and harmonizes the European Regulation UE 2015/848 on insolvency procedures.
Furthermore, it takes into consideration the 2014/135/UE Commission Recommendation and the Model Law principles elaborated in terms of insolvency by Uncitral (United Nations Commission on International Trade Law).
Particularly interesting – among the criteria listed in Article 2 (General Principles) – is the good will of the Governemnt to grant a priority of discussion to those proposals aimed at overcoming the crisis and ensuring the survival of the company, also through the management of a different entrepreneur. A new view of the company crisis. Special attention is destined to "prevention", alert procedures and procedures for the assisted settlement of the crisis (Art. 4 of the above-mentioned Bill) - of a non-judicial and confidential nature - aimed at incentivating an early crisis detection and facilitating negotiations between debtor and creditors, with the assumption of a higher responsibility by the inspection body (where present) at a preventive stage and by qualified creditors (Revenue Agency, tax recovery agents , social security offices), who must promptly signal any persisting important failure of the debtor.