10.07.2015 Views

1E9Ct5D

1E9Ct5D

1E9Ct5D

SHOW MORE
SHOW LESS

Create successful ePaper yourself

Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.

approve the Administrator’s proposals, the Administrator must apply to the Court fordirections as to how to proceed.12. Combined Proceedingsa. GermanyA company can also restructure its business under Insolvency Court protection bycombining an early filing for insolvency with a motion for the ordering of selfadministration.47Such an application must be based on pending illiquidity or overindebtednessand not actual illiquidity. 48The Court will set a deadline of at mostthree months for the debtor to submit a draft insolvency plan. The Court will alsoappoint a preliminary trustee. If the insolvent company requests it, the Court will stayindividual enforcement measures and grant the debtor the right to incur preferentialdebt until the deadline expires.b. FranceIn order to help a troubled company that is sliding into insolvency, French law hasdeveloped various procedures designed to assist the troubled company and itscreditors reach agreements, outside of the insolvency process, to restructure thetroubled company’s obligations to its creditors. A company choosing to use one ofthese procedures remains in control of its operations. No receiver is appointed toassume the duties of the company’s management or board of directors.i. Appointment of a Mandataire ad hoc 4947 Insolvenzordnung [InsO] [Insolvency Statute], Oct. 5, 1994 [Bundesgesetzblatt] (BGBl.] 2866, aslast amended by Art. 6 G of the Act of August 31, 2013 [BGBl.], 3533, § 270 b.48 The financial condition of the company must be endorsed by the certificate of an insolvency lawexpert.49 Code de commerce [C. com] art. L611-3.35

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!