Limiti gestori nella razionalizzazione delle società pubbliche

Abstract

The liquidation phase of the companies has very peculiar elements such as to characterize it with respect to the physiological management, as the management body, in the liquidation, has powers limited in the indications of the law and in the will of the shareholders' meeting, where expressed. In the presence of public companies, then, the discipline has even more stringent limits and the phenomenon manifests itself with even greater evidence at the outcome of a rationalization procedure. The exceptions to the regulations of common corporate law which characterize, with varying intensity depending on the degree of participation and powers of the public shareholder, public companies remain, in fact, even in the liquidation phase, where the ordinary powers and duties imposed on liquidators for the primary protection of corporate creditors and then of shareholders are also added the additional powers and duties set for the protection of the public shareholder.