AUDIZIONE ATTI DEL GOVERNO N. 175 (Codice della Crisi d’Impresa) - Contributo del CNDCEC

[Machine translation] As is well known, with the intention of proceeding with an innovative and systematic reorganization of the law, of the business crisis, the legislator has started a process of reforming the bankruptcy law., The instrument selected to pursue this purpose was that of the delegated bill, whose, Preparation was entrusted to the commission established by the Ministry of Justice by decree of 28, January 2015 (cd. Rordorf Commission named after its President)., The preparatory work, in which numerous scholars and legal experts participated, divided into different sub-sections, commissions, culminated in the drafting of the proxy bill, approved by the parliament, with the law of 19 October 2017, n. 155., In implementation of the delegation assigned by the Parliament, the Government has issued Legislative Decree 12, February 2019, n. 14 containing the Code of Business Crisis and Insolvency., From the point of view of its entry into force, except for certain provisions relating to the amendment of the code, Civil rights specific to corporate law, the Crisis Code has provided for a long vacatio of laws, for, the accuracy of eighteen months from the publication of the decree in the Official Gazette, in order to allow, the adaptation of operators to the new provisions and to make the corrections deemed necessary first, of the entry into force of the entire Code. Depending on this, the Parliament has granted an additional delegation, to the Government with the law of 8 March 2019, n. 20, giving it the power to issue corrective decrees., This area includes the work of the Rordorf 2 Commission, established at the National Council, of chartered accountants and accounting experts coordinated by Dr. Andrea Foschi, whose experts are, has been entrusted with the task of re-reading the crisis discipline and promoting its changes and additions,, that take into account the specific needs of professionals and the business world., The Commission, in particular, has carried out a thematic analysis of the regulatory provisions, contained in the Crisis Code, and starting from the concrete needs that emerge from daily practice, professional, framed in the light of solid legal and economic knowledge, has provided for, formulate specific proposals for amendments submitted to the examination of the legislative offices of the Ministry, of justice and parliamentary committees., The perpetuated effort, in cases where the institutions have paid attention to the needs expressed by, The world of operators, has resulted in the amendment of some provisions of the crisis code, which, We evaluate that they contribute to providing our system with valid legal tools for management, of the business crisis., In the following pages, therefore, we will give a summary account of the main interventions proposed by, commission dividing them by themes, and providing for each of them the reasons that led to, formulate these proposals and the extent to which they have been accepted and translated into legal provisions