SME financing, the responsibilities of the directors

29/04/2020

In the current debate on corporate finance related to the Covid emergency 19, we believe that particular attention should be paid to the risk and liability profiles, both on the banks and on the corporate side. The Legislative Decree of 8 April 2020 does not provide for interventions regarding bankruptcy crimes, although a period of suspension of bankruptcy claims is foreseen. There is therefore an issue of management’ responsibilities in accessing these funds. For the typical entrepreneurial optimism, the tendency will be to make an immediate request for credit lines in the hope that these measures will be sufficient to resolve the crisis, having as a premise a quick restart. It is necessary to pay attention to the company situation before deliberating the request for financing, verifying, as far as possible, the ability to satisfy this debt together with past liabilities, in order to avoid any future liabilities. A legislative intervention would have an immediate application, however, the provision of a “tout court” waiver could lead to a distorted use of the derogation. The idea of a limited treasury plan (12 months) subject to certification by a third-party expert could be of useful help in this situation. This approach will allow to postpone the completed evaluation of the Plan and the most appropriate support measures. The speed of realization of this approach could be favored by 1) conceding (if not already done) of a moratorium on current loans, effectively granting a certain period of time to carry out what has been described; 2) greater information exchange between financial institutions aimed at spreading knowledge on the status of the companies being financed or risk sharing in order to speed up the decision-making process.

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