If an insolvency plan procedure appears hopeless, major parts of the company can be saved by carrying out restructuring by transfer.
In this case, the assets of the company or of a part of the company are transferred to another legal entity (e.g. investor, rescue company) by means of what is known as an “asset deal”. The business operations of the new company are not encumbered by the old liabilities because, as a rule, these remain with the insolvent company. However, the new owner must continue to operate the company while retaining essentially the same type of business activity. The insolvency administrator conducts the purchasing negotiations. In principle, the restructuring by transfer method offers the advantage that it can be more quickly implemented than an insolvency plan procedure. In the course of the restructuring by transfer, Buchalik Brömmekamp examines the feasibility and subsequently assumes the economic and legal interests resulting from a spin-off or a newly formed company. The cooperation between our lawyers and business consultants makes it possible to carry out all necessary tasks relating to the transaction on a one-stop basis. Building on our years of experience in restructuring and carrying out transactions, we can support you in all aspects of buying and selling companies, raising capital, and portfolio adjustment.
To insolvency administrators we offer not only support in selling companies within the scope of insolvency proceedings but also support in drawing up insolvency plans. Beyond that, we will also support you by performing additional comprehensive business-related tasks such as drawing up business plans, establishing a liquidity office, or appointing interim managers (CRO).