The Tools to Prevent and Manage Crises in Publicly Owned Companies

Maria Carmela Serluca and Alba Maria Gallo

A chapter in Business, Management and Economics Annual Volume 2024 from IntechOpen

Abstract: Publicly held companies are subject to new rules regulating crisis and insolvency, with the Consolidated Law on Societies with Public Participation (TUSP) and the Code of Corporate Crisis and Insolvency (Legislative Decree 14/2019) as the main points of reference. Article 14(1) of Legislative Decree 175/2016 (TUSP) stipulates that the rules on bankruptcy and minor insolvency proceedings apply to publicly held companies, aligning them in these contexts with private companies. The coexistence of these laws requires a combined reading as the code does not repeal the provisions of the TUSP. Article 1(3) of the Business Crisis Code clarifies that the special laws for publicly held companies remain in force, indicating the presence of a special insolvency regime for these entities. This dual regulation creates greater complexity for publicly owned companies, which have to follow the general rules of the Corporate Crisis Code and the specific rules of the TUSP. This requires careful and transparent management as these companies operate with public funds and often provide essential services. This work identifies tools and indicators to detect crises early before they materialize as responsible management of publicly owned companies is necessary to ensure the continuity of services and the protection of public interests.

Keywords: crisis; publicly owned companies; bankruptcy; insolvency proceedings; risk assessment (search for similar items in EconPapers)
JEL-codes: M00 M2 (search for similar items in EconPapers)
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Persistent link: https://EconPapers.repec.org/RePEc:ito:pchaps:330936

DOI: 10.5772/intechopen.115551

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