73 results found

The Liquidity Decree has introduced, until 31 December 2020, a State guarantee through SACE S.p.A. and has increased the support for SMEs under the SME Central Guarantee Fund.

The news that Alitalia, the Italian airline, is reluctantly taking the decision to file for bankruptcy is not entirely unforeseen.

In this podcast, Alberto Claretta-Assandri, head of Italy Funds and Financial Regulatory, and Tommaso Paltrinieri, senior associate from the restructuring team, provide an overview of the proposed reform of the Italian Financial Act with reference to the new insolvency-related measures applicable to Italian funds and their implications to the long-debated issue of their legal status.

The European Union's Directive (EU) 2026/799 introduces the pre-pack procedure to address the longstanding fragmentation of national insolvency laws across Europe, aiming to preserve viable businesses that would otherwise be dismantled due to timing mismatches between corporate crises and market reactions. This two-stage mechanism promises to reduce legal uncertainty and stabilize the EU single market, but raises critical questions about moral hazard, confidentiality, and the corporate governance structures

The CMS in Italy Banking and Finance Department, under the patronage of the British Chamber of Commerce for Italy, has published a valuable and innovative guide on the Italian reform of national insolvency and pre-insolvency procedures.

Italy recently enacted a new insolvency code (the "New Insolvency Code"), which takes effect August 14, 2020.

The Constitutional Court (6 December 2017) confirmed that Art. 147, para. 5, of the Italian Bankruptcy Law does not violate the Constitution as long as it is interpreted in a broad sense.

Preferential right with regard to the credit accrued by the attestor who drafted the documents that allowed the debtor to gain access to a pre-bankruptcy procedure

With order no. 15695 published on June 5, 2024, the Court of Cassation clarifies the qualifying elements of the purpose loan contract, thereby defining the characteristics of the institution.

On October. 19, 2023, Regulation (EU) 2023/2083 published in the Official Journal of the European Union on Sept. 29, 2023 containing templates for the transmission of information...

New Insolvency Rules for Cross-border Matters aimed at keeping the Creditors and the troubled Business on Course came into force in June 2017.

Court proceedings are not interrupted despite the declaration of insolvency if the respondent voluntarily appears in court.

The Italian government has postponed again the entry into force of Legislative Decree No. 14 dated 12 January 2019 (the "Insolvency Code"), taking into account the COVID-19 impact...

With certain exceptions, the CDI will enter into force on August 14, 2020, unless amended by the Italian Parliament prior to the effective date.

Nearly a year ago, the Italian Parliament passed Law 155/2017 giving the Government twelve months to adopt a root and branch reform of the rules governing business distress and insolvency procedures,

After a number of unsuccessful attempts, Italy managed to enact comprehensive reforms of its bankruptcy laws in 2005 and 2006.

With two decisions (No. 1895/2018 and No. 1896/2018), both filed on 25 January 2018, the Court of Cassation reached opposite conclusions in the two different situations.