7 March 2024

The Negotiated Composition of Crisis: The Conference in Ancona.

A day dedicated to the new rules and practices of the negotiated composition of crisis and the tools for solving corporate crisis. These are the themes at the heart of the conference that will take place on March 15 at the beautiful location of the Orfeo Tamburi Auditorium of the Mole Vanvitelliana in Ancona. Gobid Group will be among the main sponsors of the educational event, organized by the Chamber of Commerce of Marche, the Ankon Foundation, and the ODCEC of Ancona, along with the Order of Lawyers, the Provincial Council, and the Notary of Ancona.

Judges, Lawyers, and Chartered Accountants will meet to address the most current topics related to the negotiated composition of corporate crisis during the morning of Friday, March 15, while in the afternoon, the focus of the conference will be dedicated to the responsibility of administrators and auditors for the inadequacy of organizational structures and non-compliance.

The day will be divided into two sessions. Below is the morning program dedicated to Corporate Crisis:

  • 9:00 AM: Opening of the proceedings by Camillo Catana Vallemani, President of the ODCEC of Ancona

  • 9:05 AM:Institutional Greetings by Daniele Silvetti Mayor of Ancona, Gino Sabatini President of the CCIAA Marche. Roberto Di Iulio President of the Order of Labor Consultants of Ancona, Gianni Marasca President of the Order of Lawyers of Ancona, Pietro Ciarletta President of the Notarial Council of Ancona, Edi Ragaglia President of the Court of Ancona

  • 9:30 AM: Speech by Andrea Giacomelli, Chartered Accountant in Ancona, on “Timely detection of potential crisis situations: centrality of the management control system. The identification of prospective crisis and alert signals.”

  • 9:50 AM: The Lawyer in Milan Matteo Bascelli will discuss the minimal (and optimal) prerequisites for accessing Negotiated Composition, enhancing its potential during its course (with protective and precautionary measures, but also and above all through the “authorized” acts by the Court) and in the different possible outcomes (with particular regard to the negotiating ones”). Lawyer Bascelli will also intervene on the “paradigm shift” necessary to promptly address the search for solutions to corporate crisis; the organizational safeguards and the factors of discontinuity from mere “reorganizations” to more articulated “business restructurings.” The complex, but essential, relationship with the banking system in the context of the crisis; the conditions for the behavioral principles inspiring the Negotiated Composition to materialize in a virtuous collaboration by the banks.
  • 10:25 AM: Diego Rufini, Lawyer in Bologna, will speak on Negotiated Composition – the conclusion of negotiations with creditors ex art. 23 paragraph 1 CCII. The contracts suitable to ensure business continuity, the moratorium convention ex art. 62 CCII and agreement signed by the entrepreneur, creditors, and the expert: their combined use to improve effectiveness and efficiency, overcoming limits and contradictions that characterize them.

  • 11:15 AM: Marcello Pollio, Chartered Accountant in Genoa, will discuss Negotiated Composition and the failure to reach an agreement suitable for overcoming the crisis: the solutions ex art. 23 paragraph 2 CCII for the composition of the crisis. The agreements in execution of attested plans of restructuring ex art. 56 CCII; debt restructuring agreements ex art. 57, 60, and 61 CCII; the simplified agreement for the liquidation of assets ex art. 25 sexies CCII; access to one of the crisis and insolvency regulation instruments provided in the CCII.

  • 12:00 PM: The Delegate Judge of the Bankruptcy Court of Ancona, Maria Letizia Mantovani will intervene on “The scope of intervention of the Court in the Negotiated Composition: the protective measures ex art. 18 CCII and the authorizations ex art. 22 CCII.

  • 12:30 PM: Antonio Gitto, Chartered Accountant in Ancona, will address the topic related to rewarding measures ex art. 25 bis CCII in the Negotiated Composition – interests, tax penalties, and installment plans. The surplus of the fiscal and social security transaction: the instruments in which it is possible to propose it, the possibilities of use according to practice and the possible extension to negotiated composition.

“The responsibility of administrators and auditors for inadequacy of organizational structures and non-compliance” will be the focus of the second session of the conference. Below is the program of the interventions:

  • 2:30 PM: Saverio Sabatini, Lawyer in Ancona, will intervene on the red thread that links adequate structures with ESG objectives, compliance, and community and domestic legislation, in the perspective of judicial control.

  • 3:15 PM: The Lawyer in Ancona, Gianpaolo Sicuro, will address the theme related to the social action of responsibility, between the crisis code (art. 255 CCII) and the civil code: the responsibility towards creditors, that of the partner according to art. 2476 paragraph 8 c.c. and of the company exercising direction and coordination ex art. 2497 paragraph 4 c.c.

  • 4:00 PM: Dr. Gabriella Pompetti, Corporate Judge at the Court of Ancona, will address the topic dedicated to the report ex art. 2409 c.c., between practice and Jurisprudence, also as a tool to supervise the adequacy of structures. The active and passive legitimacy, the appointment of the special curator, the role of the judicial administrator, and the centrality of the inspector figure.

The educational event will take place at the Orfeo Tamburi Auditorium of the Mole of Ancona on March 15.


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