NAPOLI. “To the already considerable responsibilities of the board of statutory auditors and auditors, new obligations have been added with the introduction of the Corporate Crisis and Insolvency Code. In particular, the board of statutory auditors is responsible for verifying, especially in the context of the composition negotiated settlement of the crisis, the existence of any conditions of crisis and, if so, to urge the administrator or administrators to adopt the necessary measures. Furthermore, the board is required to monitor and supervise the entire negotiated settlement process. It is important to underline that a legal provision, already approved by the Chamber, limits the liability of the board of auditors to a multiple of their emolument, representing a considerable advantage for auditors, since they can take out insurance policies for a value corresponding to this multiple, guaranteeing. thus greater serenity in the face of any liability actions brought by third parties or judges”. This was said by Eraldo Turi, president of Odcec Napoli, opening the proceedings of the conference ‘The judgment of responsibility towards the bodies of joint-stock companies in the business crisis and in the civil code’, promoted by the Order of Chartered Accountants and experts accountants of Naples, held in the headquarters of the Neapolitan Accountants in Piazza dei Martiri. Maurizio Corciulo, managing director of Odcec Napoli, expressed his opinion on the critical issues of the law: ”The liability action towards directors, auditors and auditors takes on a new dimension due to the entry into force of the corporate crisis code, which requires constant monitoring of the company condition by the corporate bodies and a prompt reaction using the available tools made available by law. Liability action represents an extremely serious event, with harmful consequences for both the entrepreneur and the professional in charge of company control. On the one hand, there is economic damage linked to the compensation liability; on the other hand, there is damage to one’s image, which for a professional can be equally significant,” he underlined. The importance of the role of the accountant was highlighted by Lucia Di Lauro, delegated councilor of the Neapolitan Order: ”The issue of responsibility, for us professionals, is extremely delicate, since we play a crucial role both as business consultants and as supervisory bodies. audit in companies. It is also important to underline our role as auxiliaries of the judge, as well as that of subjects entitled to promote liability actions. This dual function requires us to pay particular attention and be highly trained in carrying out our activities”.
The works, moderated by Ciro Esposito (president of the Business Crisis Law Commission of the ODCEC of Naples), were introduced by Angelo Spirito (former president of the III Civil Section of the Court of Cassation), Carmine Foreste (president of the Order of lawyers of Naples) and Immacolata Vasaturo (scientific committee of the Business Crisis Law Commission). The reports were entrusted to Paolo Celentano, president of the Section of the Court of Appeal of Naples (responsibility for the execution of preferential payments); Eduardo Campese, Counselor of the Court of Cassation (The determination of damage: from the United Sections to the third paragraph of art. 2486 of the civil code); Stanislao De Matteis, deputy general prosecutor of the Court of Cassation (The choice of management tool in the event of a crisis in relation to the business judgment rule); Livia De Gennaro, Magistrate of the II bankruptcy section of the Court of Naples (The adequate structures and the responsibility of the directors), Paolo Piscitello, full professor of Commercial Law at the Federico II University of Naples (Liability of the directors, efficiency of management and protection of market), Nicola Rascio, full professor of Civil Procedural Law at the Federico II University of Naples (The sentence and the appeal in the context of liability actions); Stefania Serafini, associate professor of Commercial Law at the Federico II University of Naples (Old and new problems of liability action exercised by social creditors). During the event, Giuseppe Dongiacomo’s volume, ‘The judgment of responsibility towards the directors of joint-stock companies’, 2nd edition Giuffré editore, 2024, was presented.
