Restructuring & Insolvency
In a crisis, strategic behaviour is essential for both creditors and debtors. Key factors in crisis management are the implementation of organisational measures under corporate law, the proper handling of the affected employees and their representatives as well as the restructuring of financings. KPMG Law provides comprehensive advice on the development and implementation of strategies in crisis scenarios.
Our services include comprehensive corporate law advice for managing directors and supervisory board members on obligations and potential liabilities in a financial crisis. We also provide advice in particular increased monitoring duties, extraordinary shareholders’ meetings, corporate restructurings and corporate reorganisation proceedings. We further advise on questions of equity substituting loans and on capital maintenance.
In the area of corporate finance, KPMG Law assists in crisis scenarios with the restructuring of liabilities and financings, the provision and realisation of collaterals and the judicial and extrajudicial assertion of claims. We advise banks on the sale of non-performing loans or loan portfolios.
From an employment law perspective, companies in a crisis face major challenges. We provide assistance in planning and implementation as well as in restructuring concepts. We identify the obligations towards employees, works councils and authorities (early warning system) associated therewith and take the necessary steps for implementation. We also assist in drafting of the social plan and negotiations with the works council.
Main Focus of Activity
- Financial restructuring in the event of an insolvency
- Sale of non-performing loans and loan portfolios
- Representation of creditor interests in insolvency proceedings
- Rescission proceedings
- Corporate restructurings
- Corporate Reorganizations and Equity Substitution
- Duties of care and liability risks of corporate bodies
- Early warning system
- Information and consultation rights
- Social plans
- Alternative concepts for staff reduction