This Department provides entrepreneurs and their companies with the legal consulting needed for facing company crises and the turnaround processes. These problems, caused in the recent years by credit crunch, financial tension, and the economic downturn, can be extremely complex.
The professionals working in this department are experienced in bankruptcy law and bankruptcy proceedings. They have handled a high number of complex company crises, providing legal consulting on all the problems involved in situations of financial stress or bankruptcy, assisting the company management in the crucial choices concerning corporate accounts, market regulations, and the responsibilities of company bodies.
The development of bankruptcy law has allowed our Law Firm to use inter-disciplinarily – also in the reorganization sector – the experience developed in the field of extraordinary financial planning. In this fashion, this Department has found and enhanced technical solutions that were initially groundbreaking (such as the complementary use of trusts) and that are shared knowledge in the business community in the present days.
The team of professionals providing legal assistance on company crisis issues have assisted also medium-small sized companies in the past, which are still the core of the Italian economic system. The activities of this Department include the following:
- Detection of the most appropriate legal instruments for facing company crises.
- Management of debt renegotiation with various categories of creditors.
- Negotiation of standstill agreements and pacta de non petendo; detection of mechanisms for requesting bridging financing.
- Negotiation of reorganization agreements and agreements for modifying the contracts governing financial debts; detection of the most appropriate legal, tax, and regulatory mechanisms for debt reduction; research of corporate governance instruments and exit strategies.
- Legal assistance on the following issues: the most adequate company documents; relations with financial and industrial consultants; directors’ responsibilities; proposals to be advanced to the creditors; negotiation and drafting of company, share, and property transfer agreements; use of extraordinary unemployment benefits; side effects on employment relations, also in collaboration with other departments of our Law Firm.
- Assistance on the legal issues concerning restructuring plans pursuant to art. 67 of the Italian bankruptcy law.
- Drafting of applications and petitions (and the corresponding challenges) concerning restructuring agreements pursuant to art. 182 bis of the Italian bankruptcy law.
- Drafting of the documents and analysis of all the issues needed for reaching an agreement with creditors.
- Assistance in the extraordinary administrative procedure.
- Assistance on contracts (also using complex complementary instruments to protect the capital during a company crisis, such as the trust) governing the aforementioned agreements.
A specific business unit is devoted to bankruptcy law and company reorganization. In this unit, the team of the bankruptcy and reorganization department is joined by professionals who, based on their experience in the various departments to which they belong (civil law, bank law, company law, business management, labor law, tax law), work together to protect the interests of our clients from all the possible perspectives.