Acute crisis: What needs to be done?
In an acute crisis, action must be taken much more decisively and immediately than in a program aimed at increasing earnings where there is in fact no existential need. As long as your company is not yet insolvent, you can arrange tax deferrals with the tax office through your tax advisor, which will preserve your …
Danger of insolvency demands swift action
As soon as an economic crisis becomes existentially threatening, immediate measures are required. As a rule, advanced payment difficulties already exist at this point, which have already been perceived by suppliers. In such a situation, you have short-term options through , by asking selected customers to , through pragmatic , by or by interim financing …
Insolvency: Keep your cool!
Insolvency is feared by all managing directors and board members. The path to is often gradual. As a result, managing directors and board members sometimes realize the development at a very late stage. In some cases, they even suppress the step of . In this situation in particular, you need a clear head in order …
When an insolvency event occurs
As a common rule of thumb, your company is considered insolvent if it can no longer settle at least 90% of its liabilities within the agreed payment periods or cannot meet this condition again within 3 weeks. Note, however, that any new amounts falling due in the meantime must be included in the consideration. A …
Obligation to File for Insolvency and Liability of Managing Directors
Legal obligations of filing for insolvency are differing from country to country. In Germany, Section 15 (1) of the Insolvency Code (InsO) stipulates that a company that is insolvent must immediately file an application for creditor protection with the competent local court (obligation to file for insolvency). The purpose of filing for insolvency is to …
Regular insolvency: The exact procedure
Insolvency procedures may differ from country to country. As a reference, in Germany, normally, a three-month preliminary insolvency phase is initiated with the application for creditor protection, which leads to regular insolvency proceedings at the end of this period. What should you expect now? Depending on the size of the company, the court-appointed insolvency administrator …
Insolvency Proceedings in Self-Administration (ESUG) in Accordance with § 270a InsO
What does plan insolvency in self-administration mean? In addition to , there is the option of plan insolvency proceedings in self-administration pursuant to section 270a InsO, provided certain requirements are met. The plan insolvency procedure in self-administration is another instrument for the reorganisation of companies. The special feature of this procedure is that the company …
Protective Shield Proceedings in Accordance with § 270b InsO
In some countries, there are special forms of insolvency proceedings. As an example, in Germany, in addition to and , there is the option of protective shield proceedings pursuant to Section 270b InsO, provided that certain requirements are met. The protective shield proceedings are also known as “ESUG proceedings”. ESUG is a law to further …
Selling/Acquiring a Company, Setting up a Company
If you wish to dispose of your business or parts of your business, prepare carefully for the . If you want to grow your business, gain access to markets, technologies or processes, or gain access to further capacities, you may want to consider targeted of suitable businesses in addition to organic development. Perhaps you would …
Company valuation: How to calculate the company value
Company valuation for the purchase/sale of companies or parts of companies The topic of “company valuation” often stirs the emotions. In particular, shareholders of family-run companies often see a higher value in their companies than it arithmetically results and than it can be achieved on the market. This is because companies are often associated with …