Publications

Lextenso – The Senate Revives the Crisis Recovery Procedure

Although the Prime Minister had, on March 20, 2024, asked the Council of State to consider ways to simplify the law governing companies in financial distress, the Council issued its report three months later, pursuant to which a a working group was established to explore possible avenues for this simplification.

Initial discussions focused on identifying ways to simplify the law by eliminating procedures, such as the ad hoc mandate or even judicial reorganization… The goal at that time was to prioritize making the law easier to understand, even at the expense of improving it, if necessary.

The surprise comes from the Senate, which—in a recent bill aimed at reducing late payments to combat business failures, currently under first reading in the National Assembly—has revived, under the terms of Article 5, the crisis resolution procedure.