In the prestigious setting of the Bolognini Hall, inside the San Domenico convent in Bologna, a round table on “The new business crisis and insolvency code” was held on May 15, organized by the Comitato Scientifico Master Crisi of the Bologna Association of Chartered Accountants and Accounting Experts and by Fondazione Forense Bolognese.
The conference was opened by Alessandro Bonazzi – President of the Bologna Association of Chartered Accountants and Accounting Experts – and Giovanni Berti Arnoaldi Veli – President of the Bar Association of Bologna.
The speeches were coordinated and moderated by Prof. Luigi Balestra, full professor of civil law at the Department of Legal Sciences of the University of Bologna.
The speakers focused, in particular, on the provisions which, as early as 16 March 2019, require all companies to set up appropriate structures aimed at the early detection of business crises and to adopt the measures necessary to deal with such situations. The speakers included:
- Fabrizio di Marzio – judge of the Court of Cassation;
- Giovanna Bilò – delegated judge at the Court of Ancona;
- Roberto Fontana – deputy public prosecutor of the Court of Milan;
- Gianluca Guerrieri – full professor of commercial law at the Department of Legal Sciences of the University of Bologna.
In view of the entry into force of the provisions on the alert procedures, scheduled for August 2020, the duties of the members of corporate bodies were also specifically analyzed, including, in particular, those of statutory and independent auditors.
With regard to the role of statutory and independent auditors, among other aspects Prof. Guerrieri pointed out that the regulations present certain ambiguities regarding the duties incumbent on them in the presence of well-founded indicators of a crisis situation, as well as regarding the exemption from liability set out in Article 14, paragraph three, of the business crisis and insolvency code.