BANCAROTTA fraudolenta: 3 STRATEGIE per non finire davanti al giudice

Summary

In this video, lawyer Simone Pritoni discusses the challenges faced by entrepreneurs during bankruptcy, particularly focusing on the crime of fraudulent bankruptcy. He explains the legal implications of liquidazione giudiziale (judicial liquidation) and the behaviors that could lead to criminal charges, such as hiding assets or falsifying financial documents. Pritoni provides three key strategies for avoiding bankruptcy fraud charges: managing company finances with transparency, keeping meticulous records, and seeking professional advice early. The video emphasizes the importance of handling an enterprise's liquidation properly to avoid legal consequences.

Takeaways

• 😀 Entrepreneurs facing failure experience the painful end of a business, which includes closing the company, firing employees, and potentially dealing with legal consequences like fraudulent bankruptcy charges.
• 😀 With the introduction of the Business Crisis and Insolvency Code (Legislative Decree 14/2019), the term 'bankruptcy' has been replaced with 'judicial liquidation.'
• 😀 An insolvent entrepreneur, unable to meet their business debts, is now declared in judicial liquidation, not bankruptcy. A court-appointed professional (curator) reviews the company's documentation.
• 😀 If the curator discovers that the entrepreneur mishandled the company and violated laws, they may pass the findings to the Prosecutor's Office for potential criminal charges, particularly for fraudulent bankruptcy.
• 😀 Fraudulent bankruptcy is explained under Article 322 of the Business Crisis Code and Article 216 of the bankruptcy law, depending on whether the bankruptcy procedure began before or after July 15, 2022.
• 😀 Fraudulent bankruptcy occurs when an entrepreneur intentionally misleads creditors by hiding or transferring company assets, falsifying debts, or creating false claims of third-party debts to avoid paying legitimate creditors.
• 😀 Fraudulent bankruptcy can also involve improper management of accounting records, such as falsifying, destroying, or hiding financial documents, preventing creditors from recovering their dues.
• 😀 The penalties for fraudulent bankruptcy are severe, with imprisonment ranging from 3 to 10 years.
• 😀 To avoid fraudulent bankruptcy charges, entrepreneurs should ensure company funds and assets are only used for legitimate business purposes, not for personal or unrelated reasons.
• 😀 Entrepreneurs should maintain accurate, thorough records for all transactions, ensuring all payments are supported by proper documentation like invoices and commercial orders.
• 😀 Entrepreneurs facing potential failure should seek professional help from consultants, accountants, or legal advisors who can assist in managing the situation and avoiding criminal liability by preventing bankruptcy.

Q & A

What happens to an entrepreneur when a company goes bankrupt?

When a company goes bankrupt, the entrepreneur faces a painful end to their venture. This often involves closing the company permanently, laying off employees, and putting their dreams aside. Additionally, there could be legal consequences, including criminal charges.

What is the criminal offense related to bankruptcy fraud for entrepreneurs?

The most common criminal offense an entrepreneur might face is the crime of 'bancarotta fraudolenta' (fraudulent bankruptcy). This occurs when the entrepreneur hides, destroys, or mismanages the company's assets to prevent creditors from collecting what is owed.

What is the difference between 'fallimento' and 'liquidazione giudiziale'?

The term 'fallimento' (bankruptcy) is no longer used after the enactment of the 'Codice della crisi di impresa' (Business Crisis Code). Instead, the process is called 'liquidazione giudiziale' (judicial liquidation), where an insolvent entrepreneur is not declared bankrupt but is placed in judicial liquidation.

What role does the 'curatore' (trustee) play in the liquidation process?

The 'curatore' is a professional appointed by the court, typically an attorney or accountant, who is responsible for reviewing the company's financial documents and overseeing the liquidation process. Their goal is to identify if any criminal behavior or violations of the law occurred during the business operations.

When can an entrepreneur be accused of fraudulent bankruptcy?

An entrepreneur can be accused of fraudulent bankruptcy if they engage in actions such as hiding or destroying company assets, making false declarations about debts, or misrepresenting third-party claims to harm creditors. Such behaviors aim to protect the entrepreneur's assets from being seized by creditors.

What are the consequences of committing fraudulent bankruptcy?

The consequences of committing fraudulent bankruptcy are severe. If convicted, the entrepreneur can face a prison sentence ranging from 3 to 10 years.

What is 'bancarotta preferenziale' and how is it different from fraudulent bankruptcy?

Bancarotta preferenziale (preferential bankruptcy) occurs when an entrepreneur pays certain creditors while neglecting others, which is illegal. This is distinct from fraudulent bankruptcy, which involves actions like asset concealment or falsifying documents.

What are the key strategies to avoid being accused of fraudulent bankruptcy?

Three key strategies include: 1) avoiding unauthorized movement of company funds or assets; 2) maintaining meticulous and accurate documentation for all transactions; 3) seeking professional advice from an accountant or business consultant before the situation deteriorates.

Why is it important to keep proper documentation for a business in financial trouble?

Proper documentation ensures that all payments and business activities are justified and transparent. It also helps to prevent accusations of fraudulent bankruptcy, as the company’s financial records can be used to prove that all transactions were legitimate and necessary.

How can an entrepreneur avoid reaching a point where liquidation or bankruptcy occurs?

An entrepreneur can avoid bankruptcy by managing the company transparently and ethically, prioritizing payments to creditors, and ensuring the company's financial health is regularly monitored. Professional guidance is also critical to navigate financial difficulties.