Principii şi concepte ale restructurării societăţilor în dificultate

Av. drd. Cristina IENCIU-DRAGOŞ

ABSTRACT

The restructuring law (Law. no. 216/2022 for the transposition of the Directive (EU) 2019/1023 on restructuring and insolvency into the Romanian legal system) entered into force on July 17th, 2022. The new law amends Law no. 85/2014regarding preventive insolvency proceedings and insolvency proceedings as following: (i) the new law revoke ad-hoc mandate proceeding and proposes a new proceeding - the restructuring agreement and (ii) modifies the composition agreement (preventive concordat) proceeding. In both restructuring proceedings the essential element is the debtor difficulty. The debtor must prove the difficulty, as a general definition from the recitals of the directive, not only in financial difficulty. Difficulty is a condition caused by any circumstance which results in a temporary impairment of business giving rise to a real and serious threat to the debtor’s future...