Ateneo - UPO

The course presents the general framework of the contents of the Code of corporate crisis and insolvency, from which the intention of the legislator to favor the preventive emergence of the crisis and the safeguarding of business continuity emerges. The main contents of this important regulatory reference, the roles provided and the timing of the entry into force of the new obligations will be addressed and analyzed. Among the modifications to the Civil Code introduced with the entry into force of the Code of corporate crisis, those contained in the amended Article 2086 of the Civil Code emerge, which intervenes in the field of adequate organizational, administrative and accounting arrangements, an obligation to which the entrepreneur who operates in a corporate and collective form is subject. The correct diagnosis of the crisis, to be carried out also through tools such as crisis indicators and financial analysis, allows to identify and undertake the most appropriate actions aimed at removing criticalities.
The topic of the role of the recovery plan will be thoroughly addressed, intended as a real strategic planning tool to be provided in service of the solution of the crisis situation. All this will be carried out by illustrating concrete cases and the methods of drafting the plan.

The teacher will provide articles, slides, and case studies to deepen the specific topics of the course.

The course aims to illustrate the topic of corporate crisis, with particular reference to its prevention and management.

Ability to draw up and interpret financial statements

Lectures and written exam with open questions

Taking the exam

The Code of corporate crisis and insolvency
1. General framework
2. Amendments to the Civil Code
3. Timing of entry into force
4. Adequate organizational, administrative, and accounting arrangements
5. Duties and responsibilities of administrators, control bodies, and auditors

Financial analysis as a tool to support the analysis of crisis causes

Tools for crisis management

The business plan as a tool for strategic planning to support the solution of the crisis
1. Principles for drafting recovery plans
2. The role of the plan in the negotiated composition under DL118/2021

Increase in knowledge that makes it possible to deal with crisis situations at their initial moment of onset, as well as the ability to direct the actual remediation intervention with the involvement of other professionals  and skills