We assist entrepreneurs in monitoring business continuity and verifying the sustainability of debts in the following twelve months, according to article 3 of Legislative Decree 14/2019 of the new crisis and insolvency code, which provides:
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The individual entrepreneur must adopt suitable measures to promptly detect the state of crisis and take the necessary initiatives to deal with it without delay.
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The collective entrepreneur must establish an adequate organisational, administrative and accounting structure pursuant to article 2086 of the civil code, for the purposes of promptly detecting the state of crisis and taking suitable initiatives.
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For the purposes of timely detection of the business crisis, the measures referred to in paragraph 1 and the organizational structures referred to in paragraph 2 must allow for:
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detect any imbalances of a patrimonial or economic-financial nature, in relation to the specific characteristics of the company and the entrepreneurial activity carried out by the debtor;
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verify the non-sustainability of the debts and the absence of prospects of business continuity for the following twelve months and the warning signals referred to in paragraph 4;
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obtain the information necessary to follow the detailed checklist and carry out the test to verify the reasonable feasibility of the recovery referred to in paragraph 2 of article 13;
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The following constitute alarm signals for the effects referred to in paragraph 3:
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the existence of debts for wages overdue for at least thirty days equal to more than half of the total monthly amount of wages;
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the existence of debts to suppliers that are overdue for at least ninety days in an amount higher than that of undue debts;
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the existence of exposures towards banks and other financial intermediaries which are overdue for more than sixty days or which have exceeded the limit of credit lines obtained in any form for at least sixty days provided that they represent in total at least five percent of the total of exhibitions;
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the existence of one or more of the debt exposures envisaged by article 25-novies, paragraph 1. (These concern reports from AdE, INPS, Inail, AdR).
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