Administration of the company
Protection of personal assets
New responsibilities
Epochal change in business management
Europe, with the Insolvency Directive, harmonizes the legislation on business crises among all member states to ensure the correct functioning of the internal market and thus achieve greater protection of freedom of movement within the EU.
Companies must be healthy!
Non -healthy ones, spread a dangerous virus for the economy and must be helped to leave the market, causing the least damage possible to others. Concept, This, underlined several times by the President m. Draghi.
The company is an entity that must live of its own life, must ensure resources to future generations, must be sustainable and operate in compliance with the environment and others. The honest entrepreneur "but unfortunate" is helped to leave the market in a "natural" legal and honest way;
And the fraudulent entrepreneur? The new rule speaks clearly: is punished severely, civilly and criminally, for the damage it created to the community.
The business crisis, Today, It can be managed without crossing the courtrooms, But you have to act promptly.
Dal 16 March of 2019 The first articles of the new code of the business crisis enter into force. The legislator implements a real revolution Art. 375 del 202, introduced a second paragraph to art.2086 of the civil code and states "the entrepreneur, which operates in a corporate or collective form, has duty to establish an organizational structure, administrative and accounting adequate to the nature and size of the company, also in function of the timely detection of the business crisis and the loss of business continuity, as well as to activate without delay for the adoption and implementation of one of the tools provided for by the system for overcoming the crisis and the recovery of business continuity ". And this is not an optional. It is a duty!
All administrators who will not have equipped the company with an adequate organizational structure, administrative and accounting, capable of intercepting the clues of crisis e, above all, the loss of business continuity, they will respond with their own assets of social bonds of the administrative company, for the non -compliance of the obligations related to the conservation of the integrity of the social heritage as ordered by the new art. 2476.
Final balance sheets - budgetary analysis - forecast budget - and every type of numerical analysis is no longer enough! We must prevent the clues of crisis and act promptly! Password? Risk Analysis on all fronts!!!!!
Adequate structures - sustainability - PNRR - a single denominator?
To be continued…
By Dr.. Adriano Femiano
Chartered accountant
Auditor
Manager of the crisis
- #adequate
- #brand new responsibility
- #Risk analysis
