The publication of the new Conduct Guidelines for Experts in Negotiated Settlement Procedures (Principi di comportamento dell’Esperto della composizione negoziata), jointly drafted by the CNDCEC (National Council of Chartered Accountants and Accounting Experts) and the FNC (National Foundation of Accountants), marks a fundamental milestone in business crisis management.
We are not talking about a simple theoretical guide, but a clear, precise, and practical methodological and ethical framework specifically designed to guide Experts and offer concrete insights to business owners, advisors, and creditors in the timely management of crisis or pre-crisis situations.
In this ever-evolving legal landscape, it is increasingly evident that the transparency of negotiations and the ability to estimate and extract the true realizable value of corporate assets are essential elements for the procedure’s success.
Key Highlights of the CNDCEC-FNC Study
The document clarifies and systematizes the role of the Expert and the crucial phases of their intervention, structuring their pathway along well-defined directives. Below are the key elements:
- The Role of the Expert: Acts as an independent, neutral third-party facilitator. Their primary responsibility is to lead and foster negotiations between the business and its creditors under strict standards of good faith, fairness, and confidentiality.
- The 3-Phase Operational Process:
- Preliminary Diagnostic Analysis: Verifying whether the company meets the actual requirements for turnaround viability.
- Negotiation Management: Specifically, supporting negotiations and issuing opinions on potential protective and preliminary measures.
- Final Reporting: Formalizing and reporting on the outcomes of the agreements reached.
- Liquidation Value Estimation: The Expert is tasked with accurately verifying the value of corporate assets under a hypothetical judicial liquidation scenario. This estimate is essential to measure and demonstrate to creditors the actual financial advantage of the negotiation proposals and restructuring plans.
- Business Transfers and Competitiveness (Art. 22 CCII): If the plan entails the transfer of assets, business units, or the entire company, the document reiterates the need for maximum transparency, recommending the adoption of rigorous competitive bidding procedures.
Gobid Group: A Strategic Advantage for Professionals
Implementing the new CNDCEC-FNC guidelines requires reliable operational tools to determine, promote, and realize the actual value of corporate assets.
From this perspective, Gobid Group serves as a specialized strategic partner supporting Experts, Businesses, and Advisors. It integrates seamlessly into the various phases of the Negotiated Settlement procedure thanks to a qualified ecosystem of services:
- Regulatory Compliance: Gobid Group operates as an Authorized Telematic Sales Provider (Gestore delle Vendite Telematiche) and Legal Notice Website (Sito di Pubblicità Legale) registered with the Ministry of Justice, ensuring that all market solicitations and asset sales under Art. 22 of the CCII fully comply with Ministerial Decree 32/2015.
- Transparent Online Competitive Bidding: The integrated management of forced or voluntary sales via cutting-edge digital platforms guarantees maximum public visibility, equal treatment of prospective buyers, and full auditability.
- Multichannel Marketing and Global Investor Sourcing: Timely identification of qualified buyers through targeted international promotional campaigns designed to preserve business value and support operational continuity.
- On-the-Ground Operational Support: Comprehensive technical assistance that relieves the procedure of complex administrative tasks: analytical cataloging, inventorying, sales data room management, scheduling on-site inspections, and ongoing support through the asset pickup and handover process.
From Plan to Action: The Partner That Turns Estimates into Value
Partnering with Gobid Group means entering the Negotiated Settlement procedure with a specialized ally in asset value optimization—one capable of supporting the Expert and Advisor to convert plan estimates into real, fast, and transparent results.
Want to stay informed on topics that matter to you?
Help us send you communications tailored to your specific needs. Share your preferences with us!
