Valentina Bavetta (president of AssoAdvisor Milano)
Register of Expert negotiators at the start
Starting on Monday 15 November at all Chambers of Commerce the register of Expert negotiators. The new figure, introduced by Legislative Decree 118/2021, will in fact have the task - in the interest of entrepreneurs in credit difficulties - to deal with i creditors in order to facilitate the definition of settlement agreements for outstanding debts and thus allow the recovery of the company and the exit from the crisis.
Corporate crisis, who is the expert negotiator
L'Expert negotiator is meant to support companies in difficulty - 300,000 are only limited liability companies with worrying signs, Unioncamere reports in its report - precisely in the context of those instruments designed to deal with the negative effects of the pandemic. The procedure of "negotiated settlement of the business crisis" allows the entrepreneur - of any sector and without any size limit - and in the phase of economic / financial imbalance to quickly obtain a preventive diagnosis of the situation to start, partly under the control of the judicial authority, a recovery process.
This innovative figure is built around "skill"And skills acquired through professional training courses which will be illustrated during the conference “The figure of the expert negotiator. Role, training and opportunities "promoted by AssoAdvisor and scheduled today at Palazzo delle Stelline in Milan.
Expert negotiator, the skills
The "negotiator"Is a professional registered in a special register established at the CCIAA, with specific skills in insolvency and civil mediation matters, and whose impartiality is guaranteed, which has the role of assisting the entrepreneur in checking the state of health of the company, in the search for corrective measures, in the preparation of negotiation proposals and in negotiations with creditors, guaranteeing the good faith of the proposals and the transparency of the procedure ”he explains Valentina Bavetta, attorney, and president of AssoAdvisor Milan. "Basically, the expert negotiator is entrusted with the task of" facilitating "the definition of agreements with creditors that will lead to the definitive settlement of the crisis".
"Furthermore - explains Bavetta - to call theexpert negotiator is the entrepreneur himself who, by accessing this procedure, has the advantage of obtaining tax incentives and protective measures for corporate and personal assets not dissimilar to those he would benefit from if he entered into a traditional insolvency procedure ". The asset shield, continues the President of AssoAdvisor, in order to protect it from attacks by individual creditors is essential in order to identify a compositional solution that satisfies all creditors ".
Therefore, one starts experimental phase which will serve to assess the relevance of this new figure launched by Legislative Decree 118/2021. “It is not easy at the moment to foresee the developments around this new legal institution that was born in an emergency context. The initiative is commendable, but a lot will depend on the actual application and use. In all cases I believe that it will also have an educational function since only through the empowerment of entrepreneurs, creditors and the expert will it be possible to operate within a compositional framework of the crisis that is truly functional to overcoming it ”concludes Valentina Bavetta.
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