APPUNTI (E SPUNTI COMPARATISTICI) IN TEMA DI ACCORDI DI SOSTEGNO FINANZIARIO ALL'INTERNO DEL GRUPPO BANCARIO (Notes – and comparative reflections – on intra-group financial support agreements for banking institutions)

As is well known, the European Union Bank Recovery and Resolution Directive (2014/59/EU) (BRRD) has provided a common set of tools for preventing banking crises and for dealing with it. Among those tools, it may be worth drawing attention and consideration – for comparative and systematic reasons, in particular for its implementation in the Italian banking law – to a contractual device that is now expressly enumerated and regulated: the intra-group financial support agreement (IGFSA). Its regulation, albeit sector-specific, seems to challenge some principles and doctrines of general company law and arises some interesting ques- tions on its potential for extension. The analysis of the limits provided by the im- plemented provisions and the exception granted to this contractual scheme reveal the interest underlying the new tool and the reasons underpinning the European directive as well as the Italian implementation, even beyond the patent rationale, in consistency with the spirit of the whole BRRD. In this context, a comparative in- vestigation can surely help setting the new rules in the common trends of modern company law.