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La riforma delle Banche popolari nella legge diconversione del d.l. 24 gennaio 2015 n. 3 tra capitalismo ed esigenze di vigilanza uniforme
No full textThe reform of popular banks pursuant to the Decree Law January
24, 2015 n. 3, between capitalism and uniform regulatory requirements
The duty of transformation for the cooperative banks over the threshold imposed
by the recent Italian’s reform pursuant to decree-law 24 January 2015, n. 3
concerning urgent measures for the banking system and investment requires some
systematic order reflections in relation to the survival of the «cooperative banking
type». In fact, the choice of the Italian legislator, simply based on the increase in
asset value capitalized, it seems to argue for a final overcoming of the cooperative
bank model for the exercise of banking on the presumption of the supremacy of the
spa governance model. The reasons of a choice so radical and difficult to understand
for many seems to be able to bring the needs, in fact disvelate by the BCE, to homogenize
the governance of the credit institutions in order to better implement the
prudential regulations imposed by CRV4 and the transposition of BRRD for the prevention
and resolution of banking groups
I più recenti sviluppi della disciplina comunitaria: i tre pilastri dell’Unione Bancaria
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Il nuovo concordato preventivo di gruppo tra autonomia delle masse ed interconnessione finanziaria
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Gli strumenti di prevenzione della crisi dei gruppi tra principi generali e discipline speciali
No full textThe Tools for Preventing the Crisis of Groups between General
Principles and Special Disciplines
The system outlined, in the light of the reforms of the insolvency law which have
followed up to the recent law of the delegation of the reform of the business crisis
and of the insolvency procedures can be defined clearly as of «pre-competition» or a
system that it focuses on instruments not only «negotiating solutions based» but imposing
organizational models functional to its prevention. And this theme stimulates
the reflections with regard to the role of direction and coordination by the holding
company as a tool of «crisis planning» that is beyond the mere procedural coordination
in the course of a pre-proclaimed insolvency.
The likelihood of insolvency as an eventual but possible phase of the company’s
life imposes access to restructuring measures or remediation plans to be adopted
when the company is still in good standing or when it is able to react with timeliness.
Not by chance, we talk more and more frequently about tools of «preparation»
of the crisis and not only early warning in order to identify behavioural codes that
the entrepreneur must adopt from the beginning of his activity foreshadowing insolvency
as a possible phase of the activity.
The need to identify rules of company law that facilitate timely access to the crisis
of business is warned in the light of the fact that, in the law of competition, there
is a mixture of institutes (bankruptcy and not) that being available Indistinctly of the
insolvent enterprise or even in crisis does not facilitate timely access by the entrepreneur
for the preservation of the going concern value, registering a often late access
to these institutes.
Hence the need for intervention on the level of the right of the company to be
able to fill the deficit of discipline based on the gradation of the crisis and of the solutions
available for its overcoming and to reduce the prevention of the crisis in the
field of duty of correct entrepreneurial and corporate management that must permeate
the entire activity from its embryonic and organisational phases
La nuova disciplina in materia di sollecitazione delle deleghe di voto: inizia la stagione italiana dei proxy fights?
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Profili di fattibilità giuridica dei piani attestati di risanamento ex art.67, comma 3, lett.d), L.F.
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