Insolvency Law

Companies threatened with insolvency generally end up insolvent if they do not restructure. With the “Act on the Stabilisation and Restructuring Framework for Companies” (StaRUG), such companies have been given the opportunity to undertake a controllable restructuring outside of insolvency proceedings.

The StaRUG Act establishes a general obligation, valid across all legal forms, for managing directors to recognise crises at an early stage and to respond to them in a timely manner.

Procedure of Preventive Restructuring

Since the introduction of the StaRUG, the management is obliged to use a forecast period of 24 months as a basis for determining impending insolvency in the future. A forecast period of 12 months is to be used for the continuation forecast in the context of over-indebtedness.

Risks existing in advance are to be considerably reduced by means of professional preparation and implementation of an out-of-court restructuring concept. With considerable experience in the field of stabilisation and restructuring, our law firm has much advice to offer here: more specifically, we can shed light on the risks of a possible challenge under insolvency law by developing a secured restructuring plan together with you.

We are your partner in the context of your preventive restructuring and offer you professional support. Do not hesitate to contact us!

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