La continuità aziendale nei concordati

The paper focuses on the new arrangement with creditors based on a business continuity plan. Particularly, it explores the rules that depend on the prevalence requirement introduced by the recent reform of insolvency law. Among other things, the paper: a) distinguishes between the rules about the proposal and the rules about the plan, and assumes that the prevalence requirement is relevant only in connection with the first ones; b) leads to the rules about the plan – instead of the rules about the proposal – the two-year moratorium for secured creditors, which in this way is decoupled from the prevalence requirement; c) deactivates the prevalence requirement in relation to the additional information and certification burdens provided for by the recent reform in the event of business continuity; d) examines the alternative to payment by means of the benefits arising from the continuation of ongoing contractual relationships, and makes this opportunity available to only those arrangements that are above the prevalence requirement.