Debt restructuring

The extensive expertise and specialisation of Russo De Rosa Associati in company law and taxation is complemented by solid experience in the fields of debt renegotiation and restructuring of industrial and financial companies.

Thanks to the transversal skills of its professionals, the Firm is a privileged interlocutor for any company in crisis or for any of their creditors, including banks, that are interested in its prompt return in bonis to the relevant performance level. Indeed, the ability of judging how best to combine technical-economic-financial analysis with that which mostly pertains to legal and tax aspects allows the client to receive assistance and consultancy services of the highest order.

The Firm offers its clients legal and tax consultancy and assistance at all stages of the debt renegotiation or restructuring process: an analysis of the actual situation of financial imbalances, crisis or insolvency, opening dialogue with the main corporate creditors, identification of the most appropriate technical-legal instrument from a legal and tax viewpoint in order to handle and hopefully solve the crisis (e.g. recovery plans as per art. 67, paragraph 3, letter d), Tax Law, debt restructuring agreements as per art. 182bis Tax Law, tax credit and contribution treatments as per art. 182ter Tax Law, arrangements with creditors as per art. 160 Tax Law, arrangements with creditors on the basis of corporate continuity as per art. 186bis Tax Law), negotiation and preparation of the related documents, assistance during the legal stage required by some of the aforementioned procedures and support in implementing recovery plans. Furthermore, the Firm’s professionals support the entrepreneur and the company in relation to advising on the most appropriate corporate documents and on matters relating to the duties of directors and auditors.

The Firm also assists clients interested in acquiring corporate holdings, companies or real estate that are affected by bankruptcy proceedings. In this context, on behalf of the client, the Firm’s professionals contact the procedural bodies, perform specific due diligence activities and carry out all the activities required to allow the latter to formulate purchase offers (in the case of companies, possibly preceded by a period of rent) and obtain the asset under the most favourable conditions.