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Restructuring and insolvency law in Germany serves as a legal framework to address financial difficulties faced by individuals and businesses. The aim is to provide fair solutions for creditors while offering a chance for debtors to regain their economic stability. Key legislative provisions are found in the German Insolvency Code or Insolvenzordnung (InsO). The law supports early intervention, voluntary restructuring outside of court, and formal insolvency proceedings when required. Germany's approach prioritizes rehabilitation of viable businesses and efficient liquidation when continued operation is not possible.
Legal advice is often crucial in restructuring and insolvency situations. Here are common scenarios where a lawyer can help:
A lawyer can help protect your interests, navigate complex regulations, and develop strategic solutions tailored to your circumstances.
Germany’s restructuring and insolvency landscape is shaped by the Insolvenzordnung (InsO), which provides for several types of proceedings. The two main routes are out-of-court restructuring and formal insolvency proceedings. Recent legislative updates, such as the StaRUG (Law on the Stabilization and Restructuring Framework for Companies), allow for preventive restructuring before insolvency is inevitable.
Key aspects include:
These laws establish both opportunities and duties for creditors, debtors, and stakeholders in financial distress.
Insolvency means that a person or company is either unable to pay debts as they become due (illiquidity) or is over-indebted (liabilities exceed assets). German law provides specific tests and definitions for these situations.
Restructuring refers to measures that aim to restore a company's financial health, often before insolvency occurs. Insolvency is a formal legal status that triggers court-supervised proceedings to address a debtor's inability to pay.
Directors must file for insolvency without undue delay, usually within three weeks of becoming aware that the company is insolvent or over-indebted, to avoid personal liability.
Yes, private individuals as well as self-employed persons can file for personal insolvency. A simplified consumer insolvency procedure is available for private persons.
Germany distinguishes between standard insolvency proceedings, self-administered (debtor-in-possession) proceedings, and consumer insolvency proceedings for private individuals.
Employees' rights are protected. Wages earned before insolvency can be covered by wage guarantee funds for a certain period, and employment contracts may either be continued or terminated on short notice.
Yes, in many cases the business can keep operating under the supervision of an insolvency administrator or, in self-administration, by the existing management.
StaRUG is the preventive restructuring framework introduced by Germany in 2021, providing new tools for companies to restructure outside of formal insolvency proceedings, helping viable businesses avoid insolvency entirely.
Creditors can file claims, participate in creditors' meetings, and have a say in approving or rejecting proposed restructuring or insolvency plans.
Failing to file for insolvency in time may result in personal liability and even criminal charges. It is crucial for directors to take immediate action when insolvency looms.
The following organizations and governmental bodies can provide useful information and support:
If you are facing financial distress or believe you may need to initiate restructuring or insolvency proceedings, it is advisable to act promptly. Consider the following steps:
Taking early, informed action with professional support can significantly improve your chances of achieving a positive resolution.
