Fail Fast Procedure

The "Fail Fast" procedure is a special insolvency mechanism designed to help innovative start-ups in Italy.
What are the main aims and objectives?

The main aims and objectives of the Fail Fast procedure are to promote innovation and entrepreneurship by providing a safety net that mitigates the fear of failure. This streamlined insolvency process aims to enhance market dynamism by enabling quick resolution and cost-effective winding up of failed businesses, thereby reducing the financial and administrative burdens typically associated with traditional bankruptcy. It seeks to minimize the penalizing consequences and stigma of business failure, offering better protection for investors and enabling entrepreneurs to restructure debts and start anew swiftly. Ultimately, the Fail Fast procedure supports a resilient and vibrant start-up ecosystem, encouraging risk-taking and fostering a more attractive environment for investment and innovation.

How does the program work?

The Fail Fast procedure is a special insolvency mechanism tailored for innovative start-ups, aiming to streamline the process of handling business failures. The procedure is specifically designed for start-ups that are recognized as innovative, providing them with a more favorable framework to address insolvency issues. Unlike traditional bankruptcy, the Fail Fast procedure offers a quicker and more efficient way to liquidate assets and settle debts. This helps businesses wind up operations swiftly and with reduced costs. 

The mechanism allows businesses to restructure their debts and potentially restart with new projects. This fresh start instrument encourages entrepreneurs to innovate without the fear of lasting negative consequences. Investors in innovative start-ups are classified as “subjects who cannot fail,” which provides them with a higher level of protection during the insolvency process. The procedure aims to reduce the stigma and severe penalties associated with business failure, making it easier for entrepreneurs to take risks and pursue new ventures.

Process Overview: 

  • An innovative start-up facing financial difficulties can initiate the Fail Fast procedure to address its insolvency issues swiftly.
  • The business undergoes a rapid asset liquidation process to maximize the value for creditors and minimize the time involved in winding up operations.
  • The start-up can negotiate with creditors to restructure debts, allowing for a more manageable settlement that facilitates a fresh start for the business.
  • The entire process is overseen by legal and financial experts to ensure compliance with Italian insolvency laws and to protect the interests of all parties involved.

Benefits

  • Quick Resolution: Enables faster resolution of insolvency cases, allowing entrepreneurs to move on and start new ventures more quickly.
  • Cost-Effective: Reduces the costs associated with traditional bankruptcy proceedings.
  • Encourages Innovation: By providing a safety net, the Fail Fast procedure encourages more entrepreneurs to innovate and take risks.
What is the overall cost?

There is no available information on the cost of implementing the procedure. 

How was it implemented?

The Fail Fast procedure was created as part of the Italian Startup Act which was a broader legislative package aimed at supporting the creation and growth of innovative start-ups.

What impact has been measured?

There is no available information on the impact of the procedure. 

Notes + Additional Context

The Italian Startup Act – whose creation was described by policymakers as a laudable but laborious process – was guided by the Minister of Economic Development. It was the culmination of a national strategy that involved sourcing recommendations from a 12-member expert panel and a broader consultation with over 2000 people from the startup ecosystem.  It involved designing a new industrial policy at then ational level which brought together several departments to work cohesively to embed favourable conditions for establishment of innovative enterprises.

See more at https://www.genglobal.org/snap/italian-startup-act.

CURATED BY

Researcher, Digital Startups
Nesta
United Kingdom