Expert opinion on over-indebtedness

Comprehensive analysis of the debt and asset situation

At what point did the company have over-indebtedness as defined by §19 InsO?

Like insolvency and imminent insolvency, over-indebtedness is also a criminal offence that falls within our area of expertise as publicly appointed and sworn experts for insolvency investigations by the Cologne Chamber of Industry and Commerce and the Saarland Chamber of Industry and Commerce.

The determination of insolvency maturity is often important in cases of insolvency avoidance in accordance with §§ 129-144 InsO, in the context of managing director liability in accordance with § 64 GmbHG, but also in criminal offences such as late filing for insolvency and fraud. This is because liability claims against the managing director often arise as a result of corporate crises or insolvencies. In this situation, the director is exposed to high risks, also from a criminal law perspective.

Whether it is to weigh up the course of action in the run-up to insolvency or in ongoing civil, investigative or criminal proceedings: We provide you with a sound basis for decision-making.

We will gladly advise you.

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