Category Archive: Legislation

Major Clawback Reform in Germany Getting Closer

Major Clawback reform in Germany Getting Closer By Tom Braegelmann On February 24, 2016, the legal committee (Rechtsausschuss) of the German parliament (Bundestag) held a hearing on the proposed reform to considerably limit the clawback regime (Insolvenzanfechtung) in the German insolvency code (Insolvenzordnung – InsO). The general gist of hearing was that the current German …

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Permanent link to this article: http://blogs.dlapiper.com/derestructuring/2016/02/26/major-clawback-reform-in-germany-getting-closer/

Federal Ministry of Finance changes VAT rules for non-performing loan deals

By Konrad Rohde (Tax) and Peter Jark (Restructuring) The German Federal Ministry of Finance has changed their administrative view and issued a circular on 2 December 2015 (available here). The main topic of the circular is a revised view of the German Federal Ministry of Finance on how to deal with VAT in relation to …

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Permanent link to this article: http://blogs.dlapiper.com/derestructuring/2015/12/03/federal-ministry-of-finance-changes-vat-rules-for-non-performing-loan-deals/

Clawback reduced? Germany limits claw back regime – somewhat

By Mareike Schwedler, Tom Brägelmann and Marei Hellmig On 29 September 2015, the German government came into agreement on an official legislative draft for the limitation of the German claw back regime. This draft for the “Act for the Improvement of Contestations pursuant to the German Insolvency Code and the Creditor’s Avoidance of Transfers Act” …

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Permanent link to this article: http://blogs.dlapiper.com/derestructuring/2015/10/05/clawback-reduced-germany-limits-claw-back-regime-somewhat/

Impending major reform of German insolvency clawback regime

By Peter Jark, Andrea München and Tom Brägelmann A key objective of the current German coalition government is the reform of the clawback provisions in the German Insolvency Code (Insolvenzordnung – InsO). To address this, the German Federal Ministry of Justice and Consumer Protection recently published a draft bill for discussion. The German government is …

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Permanent link to this article: http://blogs.dlapiper.com/derestructuring/2015/09/29/impending-major-reform-of-german-insolvency-clawback-regime/

EU Preventive Restructuring Framework on the horizon

The EU Commission proposed a new approach in order to rescue businesses and to give entrepreneurs a fresh start – with an emphasis on mandatory out-of-court restructurings via a so-called “preventive restructuring framework”. Share this:

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Permanent link to this article: http://blogs.dlapiper.com/derestructuring/2014/07/04/eu-preventive-restructuring-framework-on-the-horizon/

The third stage of German Insolvency Reform: Corporate Group Insolvencies

The German government recently has issued an official legislative draft of the Act for the Facilitation of the Handling of Corporate Group Insolvencies (Gesetzentwurf zur Erleichterung der Bewältigung von Konzerninsolvenzen), formally launching legislative proceedings for the third stage of its ongoing reform and modernisation of German insolvency law. This comes as a follow up to …

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Permanent link to this article: http://blogs.dlapiper.com/derestructuring/2014/01/21/the-third-stage-of-german-insolvency-reform-corporate-group-insolvencies/

German insolvency reforms (part III): Insolvency of group companies

In January 2012 the first step of the reform plans for German insolvency law came into effect, remodeling the restructuring opportunities for companies in insolvency proceedings and increasing the influence of creditors. The second step, remodeling the insolvency proceedings applicable to individuals, has passed the Bundestag and the Bundesrat in May and June 2013. Now …

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Permanent link to this article: http://blogs.dlapiper.com/derestructuring/2013/07/26/german-insolvency-reforms-part-iii-insolvency-of-group-companies/