Home › Blog › Other › New rules for managing directors on assessing illiquidity
Other

New rules for directors to check for insolvency

On June 28, 2022, the Federal Court of Justice (BGH) issued a judgment on the determination of the insolvency of companies, which also has implications for the
Other

Table of Contents

What does this mean for managing directors and your company?

On June 28, 2022, the Federal Court of Justice (BGH) issued a judgment on determining the illiquidity of companies that could also have implications for insolvency advice. The judgment makes it possible to determine the point in time of illiquidity using an additional method. It clarified the previous case law, according to which a company is illiquid if it cannot cover the liabilities due on the reference date with the liquid funds available on that date and also cannot close a shortfall of 10.0% or more with the liquid funds flowing in during the three-week forecast period.

The judgment expands the existing jurisprudence in the sense that, in addition to the current method, a liquidity status can also be created at three respective dates within a three-week period, in which only the liquid assets available at the respective date are compared to the due liabilities. If a liquidity gap of 10.0% or more arises on these three dates, the company is already considered insolvent retroactively starting from the first date.

For insolvency and crisis management advice, this means that companies should further improve their liquidity planning and control in order to detect potential insolvency at an early stage. In particular, it is important that the historical data that serve as the basis for presenting the current financial position are accurately taken from the financial statements. The determination of future-oriented data must be derived from the historical data in a factual and computational manner and further developed taking into account sound planning assumptions.

As an attorney advising on insolvency law and crisis matters, Mr. Dubiel is at your side to help you improve your company’s liquidity planning and control and to act quickly and professionally in the event of a crisis. We are happy to answer your questions and help you with your individual situation.

Book a Consultation

15 to 20 minutes, by phone or video — no obligation — including a free initial assessment.

Table of Contents

Attorney Darius Dubiel

Darius Dubiel

Attorney, Certified Specialist in Commercial and Corporate Law

Attorney Darius Dubiel

Attorney, Certified Specialist in Commercial and Corporate Law

Darius Dubiel is a Certified Specialist in Commercial and Corporate Law with a special focus on compliance advisory, restructuring, insolvency law, digitalization, and the use of artificial intelligence (AI) in the corporate context. He specializes in corporate law, legal support for coaches, and questions of insolvency and restructuring law.

Read more

Related articles from Other

Other

At what size does your company need ongoing legal support?

Ongoing legal support for your company: six concrete triggers instead of revenue thresholds, with needs and effort. Book your free initial consultation now.

Other

External legal department, in-house counsel or individual engagement: a comparison

External legal department, in-house counsel or individual engagement: a comparison by response time, costs, breadth of expertise and controllability.

Other

External legal department: When it makes sense for your company

A customer sends over its framework agreement for signature, with a deadline of Friday.

Book a Consultation

Please describe your request — we will professionally assess it in the free initial consultation and show you the next steps.