Category Archive: General

Self-administration: A restructuring opportunity only for “model students”?

By implementing the Act for Further Facilitation of the Restructuring of Companies in 2012 (so called “ESUG”), companies were supposed to file for insolvency proceedings at a significantly earlier stage than in the past, in particular when the possibility for a turnaround is still available. Furthermore, the change in law was supposed to grant easier …

Continue reading »

Permanent link to this article: http://blogs.dlapiper.com/derestructuring/2014/08/11/self-administration-a-restructuring-opportunity-only-for-model-students/

The effect of English schemes of arrangement in Germany

English law schemes of arrangement have become an increasingly debated topic in German law following some prominent cases in recent years. As far as Germany is concerned, the key question is whether schemes of arrangement have effect in Germany. This is relevant for German courts when ruling on claims affected by schemes, but also considered …

Continue reading »

Permanent link to this article: http://blogs.dlapiper.com/derestructuring/2012/06/27/the-effect-of-english-schemes-of-arrangement-in-germany/

Restructuring and Insolvency at DLA Piper

Learn more about our services in the area of Insolvency and Restructuring at DLA Piper. We have the largest global restructuring team of any legal practice with over 250 professionals worldwide. Share this:

Continue reading »

Permanent link to this article: http://blogs.dlapiper.com/derestructuring/2012/06/15/restructuring-and-insolvency-at-dla-piper/

State aid: Germany to appeal against EC decision on restructuring clause

The German government announced on 9 March 2011 that it plans to appeal against the decision of the European Commission (EC) of 26 January 2011 which stated that the German so-called restructuring clause (Sanierungsklausel) contained in § 8c (1a) Corporate Tax Act (Körperschaftsteuergesetz) is incompatible with the EU state aid rules. In its decision of …

Continue reading »

Permanent link to this article: http://blogs.dlapiper.com/derestructuring/2011/03/14/state-aid-germany-to-appeal-against-ec-decision-on-restructuring-clause/

State aid: European Commission decided that German restructuring clause constitutes illegal state aid

On 26 January 2011 the European Commission (EC) concluded its formal investigation of the German so-called restructuring clause (Sanierungsklausel) in § 8c Corporate Tax Act (Körperschaftsteuergesetz) which allows certain fiscal loss carry-forwards to continue for ailing companies in case of a significant change in their shareholding and decided that this law is incompatible with EU …

Continue reading »

Permanent link to this article: http://blogs.dlapiper.com/derestructuring/2011/01/31/state-aid-european-commission-decided-that-german-restructuring-clause-constitutes-illegal-state-aid/

State aid: European Commission investigates German tax advantages for restructuring share deals & debt-to-equity swaps

In July 2009, the German parliament tried to improve the tax situation for German restructurings by enacting the so called restructuring clause (Sanierungsklausel) in § 8c Corporate Tax Act (Körperschaftsteuergesetz) which allows certain fiscal loss carry-forwards to continue for ailing companies in case of a significant change in their shareholding. The rule was designed to …

Continue reading »

Permanent link to this article: http://blogs.dlapiper.com/derestructuring/2010/08/05/state-aid-european-commission-investigates-german-tax-advantages-for-restructuring-share-deals-debt-to-equity-swaps/