When an enterprise is in a state of crisis, i.e. of asset or financial imbalance, the entrepreneur lives in a state of constant pressure.
The fear of not being able to honour debts, of being sued by creditors and, ultimately, of seeing one's business fail, can be paralysing. La negotiated crisis resolution (Art. 12 to 25 of the Crisis Code) is the most effective tool that the Crisis and Insolvency Code provides to face and overcome this moment.
It is not a surrender, but a voluntary, confidential and protected reorganisation path aimed at safeguarding business continuity. Studio Cappuccio, with its forensic expertise, supports the entrepreneur in this delicate procedure to restructure the debt and relaunch the company.
What is the negotiated settlement procedure?
La negotiated settlement procedure is an out-of-court process, accessible on a voluntary basis, which takes place under the supervision of a independent expert.
The entrepreneur, in fact, with the help of an accountant expert in business crises, after some checks on the balance sheet, draws up a recovery plan and submits it to the Chamber of Commerce, a body present in every city in Italy that appoints an expert. The latter has the task of facilitating negotiations between the entrepreneur and his creditors to find a sustainable solution to overcome the crisis. The entire process is characterised by maximum confidentiality so as not to damage the company's commercial reputation. The objective is not to liquidate the assets, but to find an agreement that, through a credible recovery plan, allows the company to return to equilibrium.
The benefits: heritage protection measures
The most significant advantage of the negotiated composition is the activation of specific protective measureswhich create a shield around the company and allow the entrepreneur to negotiate with greater peace of mind.
Once you have started the procedure, you can request protection from:
- Enforcement and precautionary actions: creditors may not initiate or continue foreclosuresseizures or other forced actions on the debtor's assets.
- Bankruptcy petitions: are blocked any proceedings aimed at the judicial liquidation of the company for the duration of the negotiations.
- Recapitalisation Obligations: are temporarily obligations under the Civil Code suspended in the event of capital reduction due to losses.
- Revocatory actions and actions for damages: acts, payments and guarantees granted during the procedure are protected from future action.
These safeguards are essential to 'freeze' the pressure of debtors and give the company time and resources to reorganise.
To whom our service is addressed
Our consulting service on the negotiated company crisis settlement is aimed at all entrepreneurs and companies that are in a difficult situation but have the potential for recovery.
In particular:
- Entrepreneurs with a company in a state of pre-crisis or crisis.
- Companies experiencing severe liquidity strain.
- Companies exposed to injunctions or bankruptcy petitions.
- Individuals wishing to renegotiate their debt exposure with banks, suppliers and tax authorities in a protected and regulated environment.
- Directors who want to act responsibly to protect corporate value.
Studio Cappuccio's role in negotiated settlement
Tackling the negotiated enterprise crisis settlement requires in-depth technical expertise. As forensic accountants, our role is crucial to the success of the procedure.
We deal with:
- Preliminary Analysis: We verify the existence of the conditions for accessing the procedure by analysing the accounting data and the debt situation.
- Drafting the Rehabilitation Plan: We help the entrepreneur draw up a credible and sustainable plan, which is at the heart of negotiations with creditors.
- Assistance in Negotiations: We accompany the client and the independent expert during the negotiations, translating the economic-financial data into solid arguments to reach an agreement.
- Documentation Management: We prepare all the necessary documentation for the national telematics platform, guaranteeing accuracy and regulatory compliance.
Our approach is not standardised, but 'tailor-made' on the individual business reality.
As with all our expertise, the aim is to provide a truthful and transparent analysis to reach the best possible solution.
