Our aim is to discuss company, so that it does not come to the crisis, so that trials can be avoided, so that invoice outstanding debts can be avoided.
Sollicitors have something commonly with dentists. One does not go with pleasure, one goes too late, and if one goes, it toots blow. We try to discuss regularly our clients, to show them possibilities, to avoid difficulties or to limit damages.
If customers do not pay, we take over the demand recovery. We send a reminder and sue for the amounts and get - if necessary about the bailiff - your money.
They must not remind your debtor also 3x, you are able immediately if you have transmitted to your debtor the invoice and this does not effect a payment within the payment aim, prosecute judicially. On the other hand, you can also not count on the fact that you cannot be sued if you have still received no reminder. They can receive, nevertheless, a charge or default summons, these substitute for the reminder.
Also here it is suitable to let stand in a queue nothing and to hand over the case to the sollicitor, before the problems become big or become maybe insolubl.
The signs of a business crisis are varied and not to enumerate within the scope of this short representation. When a crisis exists, decisively depends on the qualities of the respective company.
It is importantly and universally valid here merely that with an acute existence threat of the company only one period of 3 weeks remains to the manager Gesellschafter to subscribe insolvency. If the own review of the business situation proves that a reorganisation is not considered, the insolvency application is to be made for reasons of the believer's protection immediately. Then 3-weeks of period may not be exhausted.
If a reorganisation is not excluded after the result of the self-check, it mostly makes sense to get a reorganisation concept to themselves by a certified and neutral consultant. This has beside ggfls. new impulses for the company management also the advantage that the believers will renounce only a share of her demands or grant an extension of payment if a trust-waking reorganisation proposal with prospects of success can be presented to them. Depending on the respective economic development programmes of the federal states the expenses of such a reorganisation advisory service are taken over if the advisory service is for the continuity of the company of special meaning and exceeds the normal external advisory service following in the current business dealings clearly.
The extrajudicial reorganisation: For the creation of an extrajudicial contingency plan speaks first that he causes less expenses. Moreover, the business skew situation of the company advisable in the crisis not so publicly as this in case of the insolvency application position becomes the case is. Nevertheless, it is problematic here that abovementioned 3-weeks of period are not restrained by the installation of an extrajudicial reorganisation plan, i.e. the period runs away consistently. Therefore, the danger of an insolvency abduction is particularly to be kept an eye here. In addition, the approval of all believers is necessary for an extrajudicial reorganisation. This approval of all believers is not to be reached because of the time shortage (3-weeks of period) often.
The judicial insolvency proceedings: The advantages of a judicial liquidation are varied on the other hand. Thus, e.g., the single believers who do not agree to the reorganisation plan with bare majority can be outvoted. Moreover, there itself is with being absent majorities for the reorganisation plan the possibility to let explain the reorganisation plan under certain conditions for obliging (see. §245 InsO). In the following some other advantages of the judicial liquidation are listed to make clear that it can be absolutely also for the preservation of a company of considerable advantage to subscribe insolvency:
Already after application position the insolvency court can order in the way of the order from safeguarding measures provisionally that executions are hired and other executions are prohibited (§21 paragraph 2 No. 2 InsO). In the open insolvency proceedings, so if the insolvency court is followed the insolvency application, executions are inadmissible (§89, 90 InsO). Forced sales of a company property can be already stopped in the opening procedure at the request of the insolvency governor meanwhile. The actual court order power about the company objects - and with it also their company usability - is preserved: According to §166 InsO protection believers are stopped from using the protection property independently. The suppliers who have delivered under retention of title are stopped from getting out the property before the report date (§107 paragraph 2 InsO).
There exist advantages according to tax law: If one so-called weak temporary insolvency governor is used, the sales tax is not to be paid, because this one insolvency demand is. Acquisition companies do not stick for controllings of the transferring, insolvent company. A company transference is simplified through this.
The insolvent company receives liquidity by the setback barrier, §88 InsO, because enforcements become ineffective last month before opening the insolvency proceedings. Moreover, the insolvent entrepreneur receives liquidity by payment and interest stop.
Working-juridical and social-juridical results arise which can simplify a company continuation. The terms of notice are shortened for three months. Social claims of the employees become calculable by legal absolute and relative caps. In case of the company continuation the wages to be paid become by the so-called. Insolvency money prefinances.
The debtor can be by an own management arranged by the court even an insolvency governor. For this is an advantage the order of a neutral consultant who can present a serious reorganisation plan because the court will agree then rather to an own management.
However, it is especially advantageous that the insolvency governor of disadvantageous contractual connections can free himself (§§103 and the following InsO).
Also the rest debt waiver after six years is another advantage of the judicial insolvency. However, this is cancelled if the debtor acts before or during the procedure deliberately or roughly negligently to the disadvantage of the creditor, e.g., by a late application position.