SEIZURES AND CONFISCATIONS

FGDlex provides legal advice to court-appointed receivers in the context of criminal seizure measures pursuant to Article 321 of the Code of Criminal Procedure and measures that involve (seizure and confiscation) or do not involve (receivership pursuant to Article 34 Legislative Decree no. 159/2011 and court receivership pursuant to Article 34-bis of Legislative Decree no. 159/2011) the attachment of assets. The experience of FGDlex‘s professionals as court-appointed receivers, insolvency practitioners, auxiliaries, directors, auditors, members of supervisory bodies of seized and confiscated companies allows them to offer their services in all phases of the proceedings related to measures that may or may not involve the attachment of assets. FGDlex has gained a wealth of experience in managing financial distress arising from extraordinary events, including the aforementioned precautionary measures.

FGDlex also provides legal advice and assistance to court-appointed receivers, including legal representation in liability actions against such court-appointed receivers and for the payment of the professional fees in the event of an appeal against a court-ordered company liquidation.

Our services also include:

• Legal advice in acquiring the possession of going concerns and assets as a result of court-ordered in rem precautionary measures;
• analysis and assessment of economic and financial sustainability, business plans and business reorganization plans, anti-mafia certification pursuant to Article 41 of Legislative Decree no. 159/2011;
• drafting anti-corruption plans and plans aimed at preventing the infiltration of organised crime linked to management systems and the Management, Organisation and Control Plan (MOGC) pursuant to Legislative Decree no. 231/2001;
• legal advice in the management of seized companies through the direct involvement of the firm’s professionals in management bodies, boards of auditors, supervisory bodies;
• drafting of crisis management and business continuity plans.

FGDlex also provides professional services in accounting, tax, auditing and support in company transformation, mergers, demergers etc., in the context of the aforementioned precautionary measures.

INSOLVENCY

In the area of company crisis, the firm provides highly-specialized assistance in

• insolvency proceedings (bankruptcy and compulsory liquidations, extraordinary receivership, arrangement with creditors and bankruptcy proceedings)
• financial agreements implementing certified recovery plans or debt restructuring agreements, including tax settlements;
• liability actions against directors and statutory auditors (either as claimant or defendant)
• representation in court in insolvency proceedings against banks for loans, current accounts and transactions detrimental to creditors
• arrangement with creditors (whether involving going concern, liquidation or mixed) and arrangement with creditors in bankruptcy proceedings
• management of specific credit positions claimed against debtors undergoing distress or insolvency (legal disputes and debt collection from companies undergoing an arrangement with creditors procedure)
• legal advice in the acquisition of companies, assets or credits in the context of bankruptcy proceedings and company restructuring;
• legal advice for the protection of credit positions and for the management of ongoing contracts within bankruptcy proceedings;
• assistance in legal proceedings commenced by the insolvency proceedings bodies, with particular regard to claw-back actions and compensation of damages related to past commercial relationships with the company declared insolvent;