La composizione negoziata della crisi CNC: la domanda

In this article we will focus in particular on the procedure for submitting the application for access to the procedure.

The start of the procedure and the consequent appointment of the expert take place, as anticipated, through the chamber of commerce portal through the direct use of the platform (art.3) to present the application according to the specifications indicated below (in art. 5).

Once logged in, the platform provides:

• a detailed checklist, also adapted to the needs of micro, small and medium-sized enterprises, which contains operational indications for the drafting of the recovery plan;
• a practical test to verify the reasonable feasibility of the recovery, accessible by the entrepreneur and the professionals appointed by him;
• a management protocol of the composition negotiated. 

Specifically, the question must contain information about:

• the turnover of the last financial year;
• the number of employees;
• the Ateco code of the main activity;
• belonging to a group (if so, it is necessary to attach a report containing analytical information on the structure of the group and on the participation and contractual constraints, as well as the indication of the companies or company registers in which the advertising was carried out pursuant to article 2497-bis of the code. civ).

The submission of the application will be complete if accompanied by specific mandatory attachments such as:

- a clear and concise report on the equity, economic and financial situation of the company containing:

a) the description of the company, the activity actually carried out and its business model;

b) the type of economic-financial and patrimonial difficulties;

c) a financial plan for the next six months;

d) the industrial initiatives that are intended to be adopted (for example, containment of structural costs, new sales channels, closure of inefficient production lines);

- the last three financial statements, if not already deposited with the company register, income and VAT returns;

- a financial situation updated no more than 60 days ago;

- a self-declaration of any pending appeals for bankruptcy requests or assessment of insolvency;

- the list of creditors, specifying the amount of overdue and upcoming credits;

- the single tax debt certificate (AdER);

- the single certificate of contribution debts and insurance premiums (INPS, INAIL)

- the central bank of Italy risks no earlier than 3 months.

Any other attachments to be inserted into the platform are:

• the request for the application of asset protection measures (art.6)
• the model for the declaration of suspension of obligations and causes of dissolution (art.8).