Acquisition of a Company within the Framework of Insolvency Proceedings
The motives for the disposal of a business enterprise can be quite diverse (lack of a suitable successor in the family, financial needs, etc.).
Business Crisis and Financial Restructuring
Sometimes, insolvencies can be avoided if the relevant parties deal with the crisis in a timely manner and take the appropriate countermeasures.
Mergers & Acquisitions
The sale of an insolvent company by the receiver follows its own rules and has special features which differ from a normal sale of a company.
Special Situations
Companies often find themselves in a special situation. This can be due to a complicated contractual situation, a strategic, structural or financial crisis, or an intricate web of (conflicting) interests.
Corporate Law
The choice of the legal form of a company (GbR, GmbH, GmbH & Co. KG, etc.) is frequently determined by tax, liability and labor law considerations.
Directors’ and Officers’ Liability
Management board members and managing directors are exposed to an ever increasing liability risk. Particularly susceptible to managerial liability are decisions made during a crisis situation of a company and in the run-up to an insolvency.
Structured Financing
The financing of a group of companies is highly complex in terms of its economic and legal aspects. Several affiliates of a corporate group may be borrowers simultaneously, with collateral being provided by different companies of the group.
Rescission Proceedings
The objective of the provisions regulating the right of rescission under insolvency law is the reversal of an (inter alia) fraudulent, preferential or gratuitous disposal of assets of a company or a debtor in a financial crisis.