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What if the company in which I invest goes bankrupt?
What if the company in which I invest goes bankrupt?

As an investor will I be liable with my capital?

Andrea Gentilini avatar
Written by Andrea Gentilini
Updated over a week ago

If the company in which the investment or financing is made goes bankrupt, the investor could lose the entire amount invested or financed.

In the case of investments in Equity crowdfunding projects, however, the investor does not have to answer with his/her own capital for the failure of the company in which he/she has invested.

In fact, limited liability companies-like all other corporations-are liable for corporate obligations exclusively from their own assets. Limited liability companies and all corporations have "what are known as perfect asset autonomy": company assets are therefore completely autonomous and distinct from those of the shareholders, the director, and the lenders.

In addition, for equity crowdfunding investments, at the end of the operation the company will ask to be eliminated from the Companies Register, and in this sense the company's safe extinction will be determined, even if, subsequently, unresolved corporate relationships and, in particular, unsatisfied debts emerge.

This principle, however, is not absolute because there may be cases in which administrators are called to account for debts incurred by the company they administer. The Civil Code is very clear in this regard: notwithstanding the extinction of the corporation after its cancellation, unsatisfied corporate creditors may assert their claims against the shareholders up to the amount collected by the latter based on the final liquidation balance sheet.

This results in a succession phenomenon, with the consequence that corporate obligations are transferred to the partners, who will be liable to the extent of what they collect because of the liquidation or unlimitedly, depending on whether or not they were unlimitedly liable at the time of the company's demise.

In the cases of investments in Lending or Debt crowdfunding projects, any guarantees provided as part of the Offer may intervene.

Finally, investments through Walliance Crowd are not covered by the Deposit Guarantee Scheme established in accordance with Directive 2014/49/EU. Therefore securities or instruments admitted for crowdfunding purposes acquired through Walliance Crowd are not covered by the Investor Compensation Scheme established in accordance with Directive 97/9/EC.

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