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Archive » April 2022 » New crisis procedures and banks in Italy, towards the Code of Business Crisis and Insolvency

New crisis procedures and banks in Italy, towards the Code of Business Crisis and Insolvency

Sido Bonfatti
April 2022 - n. 4
Keywords: Banche, crisi d'impresa, procedure di crisi
Jel codes: G21, G28, G33

This paper is based on the recent introduction in the Italian framework of new types of crisis procedures (Negotiated Composition and Simplified Arrangement), and the multiplication of the variants of those already existing (Recovery Plan Certificate and Restructuring Agreement). Banking support to companies in crisis can intervene both through the continuation of existing loan contracts (New Funds in progress), and through the opening of new relationships (New Funds ex nunc). Furthermore, it is highlighted that the discipline of bank loans cannot be assimilated to that concerning administrative acts (ordinary or extraordinary), nor to that of pending contracts.

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