BERGAMO – L’Order of Chartered Accountants and Accounting Experts (ODCEC) of Bergamo proposed two days of advanced training entitled “Duties and compensation of crisis professionals”, “a thorny issue, often avoided by colleagues, which however needs to be addressed with courage and transparency, through the expertise of those who live and practice crisis law every day”, he reiterated in his final greetings Simona Bonomelli, President of the ODCEC Bergamo Scientific Committee.
The conference, held on 21 and 22 June at the Donizetti Theater in Bergamo, saw the participation of 27 speakers, selected among the main experts on the subject on the national scene. The protagonists of the fourteen discussion tables were all the figures foreseen by the CCII: from liquidators to auxiliariescome on commissioners up to advisor.
Although the importance of competent activities is now evident, what has emerged is that the perimeter of the fair economic recognition of crisis professionals still seems shrouded in a fog of doubts and different interpretations. This is in the context of a regulatory reality that is not yet consolidated.
ODCEC Bergamo conference: the statements of the protagonists
“The legislator’s choice to identify many specific professionalisms is certainly appropriate because, in the complexity of the tools made available, increasingly specific professionalism is required“, commented Laura De Simone, President of the Section in the Court of Milan.
Regarding the procedure scenario Salvo Leuzzi, Counselor of the Supreme Court of Cassationhe highlighted “a national escalation of crisis cases”, testified by the “marked trend in all offices of the use of over-indebtedness procedures and controlled liquidations in particular”.
A situation that underlines the social role of crisis professionals which must not eliminate the need for adequate compensation for the task and commitment to be carried out, which is often difficult to determine initially. “This is a delicate issue because there has not been an effective update of the basic legislation on the liquidation of compensation: we still have to refer to the principles dictated in relation to this legislation in the context of bankruptcy legislation“, he has declared Giovanni Nardecchia Deputy Attorney General at the Supreme Court of Cassation.
Therefore, all that remains is to verify whether the corrective decree to the CCII of 10 June is able to resolve the questions still open in the doctrine. “There is no single answer to the question – he concluded Francesco Geneletti, President of ODCEC Bergamo –. The path that brought us to the present began with a bankruptcy law that certainly needed to be revisited. The Covid emergency, however, did not facilitate the transition from the old to the new regime: even before the entry into force of the CCII, the scenarios changed”.
A complex dimension of which the speakers highlighted some key elements: the discipline is still in the testing phase; the complexity of the procedures makes it difficult to determine the right compensation; a review by the legislator is desirable.
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