Abstract
Abstract The current paper explores the role that risk profile analysis plays in maintaining the financial and managerial health of companies, within the reorganization process (a phase of insolvency procedure). During the modern era, the attempts to regulate insolvency proceedings, in order to redefine the principles governing them, have made possible a strong international collaboration and have generated a set of reforms designed to effectively address the global phenomenon of insolvency. The main purpose of the new regulations is to give a second chance to the honest debtor and to support him and his/her business in their recovery efforts. Thus, the reorganization of companies becomes an essential attribute of the free, functional market economy, based upon free competition. EU-wide statistics for 2016 show that over 200,000 businesses are annually affected by bankruptcy, which leads to the loss of more than 1.7 million jobs each year. The situation is particularly important for the economies of all countries involved, regardless of the development level. Because of constant business threats, managers should be aware at all times of the economic and financial indicators, seeking for the vulnerable areas of their business and for those with development potential. Identifying a company’s risk profile involves analyzing all the risks that affect the entity (market risk, bankruptcy, liquidity risk, operational risk etc.). A very important factor concerning the reorganization of a company is the tax policy and this paper further explores the subject, by focusing on Romania‘s business patterns, compared to the international framework, based upon the statistics for reorganization procedures, the applicable legal framework, the creditors' policy to encourage recovery etc. The purpose of this study is to highlight the causes that might limit the recovery of companies, during the reorganization procedures in Romania and, as a further research, to analyze the opportunity of developing an economic risk analysis model able to predict the future reorganization of companies. It would represent a barometer of financial and managerial health.
Highlights
IntroductionThe recovery of companies through the judicial reorganization procedure is a controversial topic of great relevance, regarding the evolution of the Romanian business environment, the practical experience in the field, as well as the information and data structuring needs, at an early stage, for the time being (Stroie & Mirea, 2016)
One cannot talk about reorganization proceedings unless the specific insolvency legislation encourages it, by issuing specific rules/ policies in order to ensure their implementation
The insolvency system and the tax-setting policies for specific taxes are external factors that affect the companies in a possible reorganization process
Summary
The recovery of companies through the judicial reorganization procedure is a controversial topic of great relevance, regarding the evolution of the Romanian business environment, the practical experience in the field, as well as the information and data structuring needs, at an early stage, for the time being (Stroie & Mirea, 2016). Identifying a company's risk profile in order to respond to the ongoing changing business conditions involves analyzing all risks (internal and external, micro and macroeconomic) that may affect the company. The judicial reorganization process is associated with important changes within the organization, in order to improve its financial performance and make it possible to re-enter the economic circuit. If a state encourages the reorganization procedures, the latter should be accompanied by appropriate fiscal measures
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