We work side by side with our clients throughout the delicate process of restructuring their business and dealing with distressed assets, cooperating with other consultants involved in said operations, negotiating with banks, investors, creditors and stakeholders, using instruments as provided for under the Italian law, and drafting agreements and legal documents needed for the debt restructuring. Whenever required, in case of subsidiary companies or goods located abroad, the Firm cooperates with a trusted network of foreign professionals to obtain the needed assistance in the relevant foreign countries.
In particular our professionals have been involved in important restructuring procedures in various industries such as real estate, manufacturing, fashion, leisure and entertainment and design. Companies and foreign investors have given us mandate to follow the winding-up procedure of their company and assets located in Italy. During said procedures, we have cooperated in drafting recovery plans ex art. 67 Italian Bankruptcy law or restructuring agreements ex art. 182-bis Italian Bankruptcy law, we have also prepared all legal documents required in various procedures to execute agreements with the creditors as provided for under the Italian Bankruptcy law, also with the aim to continue the business after the restructuring.
Sometimes said instrument provided for by the Italian Bankruptcy law have been used in M&A operations, or sale and disinvestment in relations to the real estate owned by the company or a branch of it, also for brands, patents and know-how, with the aim of protecting all subjects involved from claw-back actions or to protect the governing bodies against liability actions.
The Firm also handles every judicial aspect of the restructuring procedures and it represents its clients, both Italian or foreign, in claw-back actions or liability action brought by trustees, especially when against formers directors or auditors of the failed company.