Società in house e crisi d’impresa alla luce dell’art. 14 TUSP

Abstract

The article analyzes the content of Article 14 TUSP (i.e. the Italian Law on Publicly Owned Companies), affirming its applicability also to in-house companies. Particular attention is paid to the regulation of the recovery / restructuring plans mentioned therein and to the interrelationships existing between the latter and the similar (but different) institution of the “certified recovery plans” mentioned by the current Article 67, paragraph 3, lett. d), Bankruptcy Law. Further considerations are addressed to the possibility that theabovementioned recovery plan contemplates the sale of the public shareholdings held by the parent company in the in-house company. Finally, a concise concluding paragraph lists a succession of corporate crisis regulation tools, which - even if not explicitly mentioned in the Article 14 TUSP - could be used by in-house companies in presence of crisis indicators.