Restrukturierung und Insolvenzrecht

RESTRUCTURING AND INSOLVENCY LAW

When companies are in a financial crisis they need professional support. In such cases legal advice, backed up by a high level of economic expertise, is of vital importance in order to create the legal and structural basis for the survival of the company. MKRG has an outstanding reputation in the execution of corporate reorganisation and restructuring measures, in particular in the service of mid-sized enterprises, and advises companies, their management bodies and creditors on all the issues involved in restructuring. In addition, MKRG provides expert support on all aspects of insolvency.

COMPANY REORGANISATION AND RESTRUCTURING

For domestic and foreign companies and their shareholders MKRG provides advice on the full range of restructuring operations in terms of commercial, company and employment law. Our strategy is always based on a detailed analysis of the existing financial and operational situation, and has the objective of putting the organisation on a new basis at all levels while – in the ideal case – avoiding insolvency proceedings. In the course of the process, several liability risks are dealt with and a strategy is developed to deal with such risks.

Where necessary and required by the client, we work closely together with auditors, tax accountants, management consultants and interim managers for the purpose of drawing up practice-based and individual solutions. In addition, we offer advice on the creation and control of insolvency planning for the purpose of turning around companies threatened with insolvency. We also carry out negotiations with creditors, in particular banks and suppliers, on the restructuring of liabilities.

INSOLVENCY LAW

The insolvency of a company threatens not only the existence of the company itself, but also has significant financial and legal impacts and consequences for its shareholders, management, banks, contractual partners and others. Our tried-and-tested consultancy services in the field of insolvency primarily focus on reducing these risks and mitigating the consequences of insolvency proceedings. For this purpose, MKRG can draw on the extensive experience of its legal specialists in insolvency administration.

MKRG provides comprehensive expert advice on all legal issues involved in financial crises and insolvencies. This involves advising companies, their managers, supervisory boards and shareholders on restructuring and turning around the company, providing advice on the sale of the company or parts of it, the identification of liability risks and measures to avoid liability, as well as on the preparation and initiation of insolvency proceedings and insolvency planning. We also represent corporate bodies on criminal matters relating to insolvency and help them to avoid and defend against criminal prosecution wherever possible.
In addition, MKRG represents the contractual partners and creditors of companies which are threatened with insolvency, in particular in the safeguarding, asserting and entering their rights, registering insolvency claims and defending them against the claims of the administrator.
Finally, our expertise also covers rescission law and we provide clients with legal and forensic support in connection with possible risks relating to subsequent liability.

FIELDS OF OPERATION

  • Advice on and implementation of recovery and restructuring measures
  • Restructuring of liabilities
  • Preparation and initiation of insolvency proceedings
  • Preparation of insolvency planning
  • Turning around insolvent companies
  • Identification and reduction of liability risks
  • Guidance for management bodies in crisis situations
  • Representation of management bodies in criminal questions relating to insolvency
  • Conduct of court proceedings
  • Advice on and implementation of the sale of companies affected by crisis
  • Representation of creditors in insolvency proceedings
  • Advice on safeguarding the rights of creditors
  • Registering of insolvency claims
  • Defence against claims on the part of the administrator (contesting insolvency)

LEGAL FIELDS

  • Insolvency law
  • Reorganisation law
  • Employment law
  • Company law
  • Mergers & acquisitions / distressed M&A
  • Banking law
  • Contract law
  • Criminal law
  • Financial market law

RESTRUCTURING AND INSOLVENCY LAW LAWYERS

© Copyright - MKRG 2017