Protecţia finanţărilor intermediare în context de restructurare

Florin SANDU

ABSTRACT

This article examines the concept of privilege introduced in the Insolvency Law through legislative changes brought about by Law No. 216/2022 in the context of implementing Directive (EU) 2019/1023 of the European Parliament and the Council of 20 June 2019 on preventive restructuring frameworks and its relevant impact on new financiers and intermediaries in restructuring and preventive composition proceedings.

Among other things, these legislative changes introduce a privilege that provides protection to new and intermediary financiers, presumptions of good faith, and clear application criteria. This guarantee automatically applies to unencumbered assets at the time of establishment, ensuring compliance with the legal order and facilitating the potential restructuring of companies facing difficulties.

These new provisions instill confidence in financiers supporting companies in distress, thereby...