Counselling services rendered in cases of crisis
Our office provides for counsel and advice on the multiplicity of measures which can be taken in cases of family-controlled „GmbH“ companies (i.e. limited liability companies under German law) or GmbH & Co. KG in order to overcome possibly upcoming situations of over indebtedness in its balance sheet.
If a notice or declaration of insolvency can no longer be avoided for the reason that a company is already unable to pay its debts we advise our clients on those measures which need to immediately be taken by the company’s management.
We brief the company’s partners and also „Geschäftsführer“ (managing directors) on the risks which they are personally running under both civil and penal law aspects on the grounds of
belated preparation of the company’s balance sheet
- panic selling
- fraud in incurring obligations when ordering of goods and services
- belated filing of a petition in insolvency
- non-payment of social security contributions or taxes, wage and salary taxes and value added taxes (VAT)
- satisfaction of creditors in the crisis situation
- liabilities resulting from splitting up of a business and organic unit
- legal consequences of equity-replacing loans and equity-replacing use -leaving