Business crisis management: the duties of directors

Business crisis management: the duties of directors

Here is the importance of the decision in question: 1. appears to be one of the first applications of art. 2086 of the Italian Civil Code in the formulation modified by the Code of the business crisis and insolvency, which, as is known, establishes the obligation of the directors to ensure adequate organizational structures for the company also in order to prevent the crisis; 2. constitutes the first application of the duty to report by the members of the supervisory body pursuant to art. 2409 of the Italian Civil Code for non-compliance with the obligations under art. 2086 of the Italian Civil Code; 3. allows you to “carry out some reflections on the effectiveness of the alert and prevention tools internal to company law, already in force, in relation to the external alert measures provided for by the Crisis Code, whose entry into force is postponed to 1 September 2021 , due to the Covid-19 emergency “.

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