Two successive events underline the importance of the obligation of entrepreneurs, including individual entrepreneurs, stated in article 2086, paragraph 2 of the Civil Code, to prepare adequate organizational, administrative and accounting procedures for their business so as to detect any signs of crisis in time.
The Fondazione Nazionale Commercialisti has published the document on the said arrangements. It has also announced the publication of a further document which will present the operational tools of the prepared procedures.
Moreover, the Court of Catania, Business Section, in a judgment dated February 8, removed the director of a company and appointed a judicial administrator for a period of 10 months, based on the finding that the removed director had failed to prepare adequate organizational, administrative and accounting arrangements, as required by the aforementioned Article 2086 of the Civil Code.
The Court considered that this failure in itself constituted mismanagement.
There are no other precedents on the subject and, nevertheless, the decision represents a wake-up call urging all entrepreneurs to comply with the normative dictate.
The firm remains at your disposal for any clarification that may be required.
( Avv. Giampiero Pino) (Avv. Niccolò Pino)
