Abstract
[Autom. eng. transl.] The essay deals with the interpretative problems raised by the extension of article 2409 of the civil code, as modified by the 2003 reform, to the limited liability companies, carried out by the corporate crisis and insolvency code (CCII). The provision was in fact designed for application to spas, so it is necessary to adapt it to the specific characteristics of the "minor" type of capital company. The topics addressed concern in particular the existence of new hypotheses of serious management irregularities, consisting in the violation of the duties burdening the directors in the context of the corporate crisis and the reconstruction of the procedure of judicial control based on the characteristics of the srl - from the identification of the persons entitled to apply the measures provided for by art. 2409 of the Italian Civil Code. The systematic question of the relationship between spa and srl arises in the background, in light of the recent changes introduced in the discipline of srl, which call into question the traditional distinction between the two types of capital company.
| Translated title of the contribution | [Autom. eng. transl.] Judicial control over the management of s.r.l. in light of the legislative decree 14/2019. |
|---|---|
| Original language | Italian |
| Title of host publication | La società a responsabilità limitata: un modello transtipico alla prova del Codice della Crisi. Studi in onore di Oreste Cagnasso |
| Pages | 897-918 |
| Number of pages | 22 |
| Publication status | Published - 2020 |
Keywords
- controllo giudiziario
- crisi d'impresa
- judicial inspection
- limited liability company
- s.r.l.
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