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Archive » September 2022 » The new bank finance in progress in the Negotiated settlement of the business crisis

The new bank finance in progress in the Negotiated settlement of the business crisis

Sido Bonfatti
September 2022 - n. 9
Keywords: Banche, crisi d'impresa, Composizione negoziata
Jel codes: G21, G28, G33

In Italy, the problem of the effects of opening a «crisis procedure» on ongoing financing relationships also arises for the new procedure called Negotiated settlement of the business crisis. The discipline of what can be defined as «new finance in progress» is conditioned by the identification of the legal nature of the new procedure (not belonging to insolvency proceedings), and the maintenance by the entrepreneur of the total management of the enterprise, extended also to acts of extraordinary administration. We note the resumption of a principle introduced under emergency legislation, according to which the opening of a Negotiated settlement procedure cannot justify the revocation of bank loans.

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