24 October 2024

Negotiated Composition and Updates of Legislative Decree 136/2024: the Conference in Ancona

Gobid Group is once again a partner of the training event that will take place on October 25th at the “G. Fuà” Faculty of Economics in Ancona. The conference, organized by the Ankon Foundation and the Order of Chartered Accountants and Accounting Experts of Ancona, is open to all professionals.

The central theme will be negotiated composition, protective measures, and simplified concordat, along with practices and opportunities introduced with Legislative Decree 136/2024. It will be a valuable occasion to reflect on the new insights raised by the corrective to the Insolvency Code. The highest authorities of the Ancona Court, professionals from the ODCEC, the Bar Association, and the Labor Consultants’ Order will gather to discuss one of the most current topics related to the new legislation.

The event, starting at 2:30 PM, will be introduced by Prof. Stefano Staffolani, Dean of the Faculty of Economics at UNIVPM, Dr. Edi Ragaglia, President of the Ancona Court, Dr. Fabrizio Schiavoni, General Secretary of the Marche Chamber of Commerce, and Dr. Cristina Marrone, National Councilor of the CNDCEC and regional delegate for Corporate Crisis and Procedures.

From the Corrective Decree to Negotiated Composition

The first focus of the afternoon will be the interventions made to the Insolvency Code through the Corrective Decree. Prof. Avv. Stefano Ambrosini will discuss the updates introduced with the corrective, focusing on the rationale behind the changes and the expected effects. A second topic will address the relationships between businesses and banks, post-corrective decree. Avv. Matteo Bascelli will speak about the path from the “Primitive Obligation” to the Insolvency Code, highlighting the evolution of the debtor’s position between obligations and rights.

The Role of the Expert

Dr. Marcello Pollio will focus on the expert’s appointment and access to negotiated composition, discussing opportunities, requirements, and functionalities. He will delve into the topics of crisis diagnosis and evaluation parameters that require the adoption of a tool, as well as the timing and reasons tied to Negotiated Composition. Other themes include the management and conduction of the Negotiated Composition procedure to reach an agreement with creditors, and the role of advisors: from the plan project to the crisis resolution plan. Dr. Pollio will conclude his intervention by addressing the closure of negotiations and the many possible solutions. Dr. Michele Monteleone will speak about the expert’s role, the effects of their interventions, and responsibilities. His intervention will focus on the automatic effects of Negotiated Composition, exemption from the revocatory action of the entrepreneur’s asset disposals and payments (Art. 24 of the Insolvency Code), acts made prior to and after access to Negotiated Composition, and the effects of acts shared or not shared with the Expert. Dr. Monteleone will also cover the acts performed in cases of explicit opposition by the expert, court authorizations under Art. 22, the functionality of authorizable acts regarding business continuity, and the best satisfaction of creditors, concluding with the expert’s responsibility profiles.

Protective Measures and Simplified Concordat

Another key topic of the conference will be protective and precautionary measures concerning assets, presented by Dr. Giuliana Filippello. She will focus specifically on the court’s investigation, the conditions for the request, and the necessary informational set. Prof. Daniele Mantucci will speak on further aspects of Negotiated Composition, with particular attention to negotiations in group companies, businesses below the threshold, and the access limits to the procedure.

The event will conclude with Dr. Maria Letizia Matovani’s presentation on “Simplified Concordat for Asset Liquidation.” Topics will include the Expert and the Auxiliary’s opinions, the importance of the investigation provided by the petitioner to support the application, and the relevance of consultants’ roles.

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