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New crisis procedures in Italy and banks

Sido Bonfatti
June 2022 - n. 6
Keywords: Banche, crisi d’impresa, procedure di crisi
Jel codes: G21, G28, G33

This contribution examines the discipline of the so-called New finance in progress – that is, the financial support deriving from the continuation of bank loan agreements already in progress – as part of the Moratorium agreement procedure; of the Restructuring Agreements defined as with extended effect; and of the Attestato di Risanamento Plan. With regard to the latter procedure, the figures of the Certificate Plan are considered normal; of the Certificate Plan so-called Strengthened (see art. 9, comma 5 bis, d.l. n. 23/2020); and the Attested Plan so-called «Endorsed» (i.e. prepared at the conclusion of a Negotiated Composition procedure of the business crisis, and also signed by the expert designated to conduct the related negotiations, Article 11, paragraph 1, letter c), Legislative Decree L. n. 118/2021).

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