Business Recovery: how to apply the CNDCEC alert indices

IPSOA Quotidiano, in the “Enterprise” section, publishes a contribution on the Code of Business Recovery by Andersen’s chartered accountant Marta Pasqui.

The in-depth analysis analyzes the newly introduced Code of Business Crisis (C.C.I. – Legislative Decree 14/2019) which revolutionized the current bankruptcy law by intervening, among other things, on certain provisions of the Civil Code.

The regulatory part already operational since the current year (March 16, 2019) implies the active involvement of management from the embryonic stages of a potential financial and economic crisis.

The primary objective of the new regulation is the preservation of the company’s activity, pursued through elements of novelty with respect to what was contained in the Bankruptcy Law of 1942. Starting with the new terminology because the term “bankruptcy” is replaced by “judicial liquidation” and the crisis and insolvency find new definitions.

The most important novelty, however, concerns the introduction of tools for the timely emergence of the crisis (alert systems) and new figures to help the entrepreneur in the resolution of crisis situations (Crisis Composition Bodies – OCRI).
In fact, the new regulation requires entrepreneurs to equip themselves with adequate tools for the timely detection of the state of crisis and for taking appropriate initiatives.

With the aim of safeguarding the preservation of the company’s business, the Crisis Code has entrusted the Consiglio Nazionale dei Dottori Commercialisti e degli Esperti Contabili (National Council of Chartered Accountants and Accounting Experts) with the elaboration, at least every three years and with reference to each economic type according to ISTAT classifications, of specific indices that allow evaluating a state of economic-financial difficulty.

These include negative shareholders’ equity: an index that applies to all companies and is detrimental to the company’s ability to continue as a going concern.

The article written by Marta Pasqui examines these indicators in depth, illustrating how they can be used by entrepreneurs, managers and consultants.

The full text is attached (in Italian). The Restructuring team of Andersen is at your disposal to provide further information and specific advice.