ABI has just sent the Associates, for immediate application, a circular indicating the main changes introduced by the law converting the “Aid bis” decree, available today in the Official Gazette.
The ABI, in particular, reports the changes made in relation to the assignment of credits deriving from building bonuses, in relation to the definition of liability. The new legislative provision provides for a limitation of the concurrence in the violation of the transferee, that is the credit purchaser, only in cases of conduct of the latter attributable to willful misconduct or gross negligence.
A further modification, introduced by the Parliament, again on the subject of the assignment of bonuses, allows the person who applied the discount on the invoice and who wants to assign the discounted credit, to provide "now by then" the above documentation, if he intends obtain the limitation of the transferee's liability only in cases of willful misconduct or gross negligence.
In view of the regulatory changes, interpretative indications from the Revenue Agency are necessary, adapting those contained in the Circular of June 2022, above all to avoid leaving room for non-univocal interpretations and therefore to avoid the persistence of elements of uncertainty.
The ABI circular also indicates the rule that allows AMCO, a company controlled by the Ministry of Economy and Finance for the management of impaired loans, to establish one or more assets for purchase and management, at market conditions , of loans guaranteed by the SME Fund pursuant to the Liquidity Decree or in any case of loans granted to the same counterparties, within three years from the authorization of the European Commission for the initiative in question.