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Naples: Opening of the “Information and pre-investigation desk for settlement procedures regarding over-indebtedness”

14/04/2014

National

On 23 December 2013 an agreement was signed in Florence between the Notarial Council of the United Districts of Florence, Pistoia and Prato, the Bar Association, the Order of Chartered Accountants and Accounting Experts and the Chamber of Commerce of Since Monday 31 March the “Information and pre-investigation desk for settlement procedures regarding over-indebtedness” has been operating at the Chamber of Commerce of Naples in the Commodity Exchange in Corso Meridionale 58, 2nd floor. This facility, set up by the Centre for Studies in Commercial Law of Naples, will be open on Mondays and Wednesdays from 10:30 to 12:30.

The combined efforts of the Chamber of Commerce of Naples and of the Neapolitan professional associations of Lawyers,  Chartered Accountants and Notaries has made it possible to bring to fruition this initiative which finally gives effect to the “Provisions on usury and extortion, as well as the settlement of over-indebtedness” contained in Law no. 3 of 27 January 2012 (published in the Official Gazette no. 24 of 30 January 2012 and in force from 29 February 2012) .

The office will provide information to all those who find themselves in a situation of over-indebtedness but who, given their economic and financial dimensions or parameters, must not fail.

These enterprises that are “too important to fail” can still suffer individual enforcement actions (distraint of goods and real estate foreclosures) on the part of creditors who could go so far as to paralyse, hinder or harm the affected business activities and employment.

The professionals manning the office will be Attorneys, Notaries, Tax Accountants and experts from the Chamber of Commerce who will provide free information on “over-indebtedness” procedures and will also make a rough estimate of whether or not there are grounds to submit to the Court a proposal for the restructuring of their debts, so that the applicant can immediately obtain the blocking of any enforcement actions brought by creditors, the deferment of payments (which may be made at a reduced level in any winding up), and the suspension for up to one year of debt repayments that are not covered in the agreement.

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