Historic ruling of the Pordenone court for companies Now it is possible to avoid bankruptcy and “save” the president
pordenone
A historic ruling: for the first time in Italy the request for an arrangement for an amateur sports association was accepted. The court of Pordenone has decided, in fact, that the Asd SA Porcia is saved thanks to a “minor arrangement”, a procedure initially envisaged for individuals for the first time has been applied to an amateur sports association, thanks to which managed to restructure the debt with the tax authorities, banks and suppliers, making it sustainable and avoiding the risk, for the president, of having his personal assets attacked.
Law 3 of 2012 identifies, in fact, for non-fallible subjects and for private consumers, an instrument to be chosen between the consumer’s plan, the debtor’s agreement and liquidation, to escape from the situation of persistent imbalance created between one’s own assets. promptly liquid and the total amount of debt accrued. The provision promoted by Pro Crowd’s (a network of companies highly specialized in crowdfunding and debt repayment practices) acts as a legislative forerunner in support of sports associations. The debt in question is the one accrued between 2012 and 2015 for the S.A. Porcia, a club born in 2010 from the merger between Porcia and Sant’Antonio, and which went out of business two years ago.
Thus the Asd Porcia managed to recover from debt without incurring bankruptcy, which would have made all debts fall on the president. In what was a long and complex operation that was resolved thanks to the specialization of the accountant Alberto Rigotto and the lawyer Nadir Plasenzotti. «The sentence is historic – the words of the lawyer – because it aims to protect the president’s assets. We cannot exclude the responsibility of the latter, but limit it with respect to the associative debt by restructuring it and thus also the responsibility of the president on what are the actual possibilities of fulfillment. What I can put on the plate is what I offer to creditors to settle my debt position, thus preserving personal assets. The responsibility is always of the man in charge, but through this tool we can encourage the assumption of this position, because now there is a way to rescue ».
This is a fundamental step forward for all sports associations, which can be extended throughout the peninsula, so much so that yesterday the provision was also illustrated to the president of the National Amateur League Cosimo Sibilia as well as to the top regional leaders of the Coni, Giorgio Brandolin, and Ermes Canciani football team. Since yesterday, the sports clubs have started on a new path from the legislative point of view, waiting to do so, soon, also from the sports one played. –
s.f.
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