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The deactivation of the certified e-mail address does not prevent the declaration of bankruptcy
- 19/09/2016
As provided for by art. 10 of the current (Italian) Bankruptcy Law, individual and collective entrepreneurs may still be declared bankrupt within a year of cancellation from the Business Register, if insolvency appears prior to cancellation or within the following year.
A summons for verification of the requirements for bankruptcy is served on the entrepreneur via certified e-mail.
According to a recent judgment by the Court of Cassation (no. 17884 of 9.9.2016), the summons served on the entrepreneur within a year from cancellation is to be considered valid, even if the certified e-mail address has already been deactivated. Indeed, the wilful deactivation of the certified e-mail address represents a negligent conduct. Therefore, if the requirements for bankruptcy are existing, the entrepreneur may still be declared bankrupt.
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