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    Digital assets in insolvency - MiCA and the German Future Finance Act
    2023-07-31

    It is no secret anymore that the MiCA (Markets in Crypto-Assets Regulation) is coming. But why is this important for insolvency practitioners and clients? This update aims to give an answer to this question and to provide an outlook on how the German legislator plans to implement these principles.

    Filed under:
    Germany, Banking, Insolvency & Restructuring, IT & Data Protection, Taylor Wessing, Digital assets, Insolvency, Cryptoassets
    Authors:
    Dr. Rembert T. Graf Kerssenbrock
    Location:
    Germany
    Firm:
    Taylor Wessing
    Real estate assets (usually) don’t count as liquidity in German insolvency law
    2023-07-11

    A company must apply for insolvency in Germany if it is either illiquid and/or over-indebted. Illiquidity must be confirmed where the debtor is not capable of meeting at least 90 % of all claims with its liquid assets within 3 weeks (section 17 of the German Insolvency Code).

    Real estate assets – effect on liquidity

    The Court of Appeal in Braunschweig has recently considered whether a debtor was insolvent due to illiquidity where it owned extensive real estate assets.

    Filed under:
    Germany, Insolvency & Restructuring, Litigation, Taylor Wessing, Insolvency
    Authors:
    Dr. Rembert T. Graf Kerssenbrock
    Location:
    Germany
    Firm:
    Taylor Wessing
    European Commission's proposal for a Directive on the harmonization of certain aspects of Insolvency Law - Pre-Pack Proceedings soon available in Germany?
    2023-01-03

    With its Draft Directive, the EU Commission is paving the way for a harmonization of material insolvency law within the European Union. This newsletter is intended to provide an initial overview of which areas are to be harmonized under the Draft Directive and especially what changes and impact the introduction of "pre-pack proceedings" would cause on the existing German insolvency law.

    1. Key content of the EU Commission's proposal for a directive on the harmonisation of certain aspects of insolvency law

    Filed under:
    European Union, Germany, Insolvency & Restructuring, Baker McKenzie, Due diligence, European Commission, European Court of Justice
    Authors:
    Joachim Ponseck , Artur Swierczok , Tim Kerim Hosgör LL.B.
    Location:
    European Union, Germany
    Firm:
    Baker McKenzie
    European Commission's proposal for a Directive on the harmonization of certain aspects of Insolvency Law - Pre-Pack Proceedings soon available in Germany?
    2023-01-03

    With its Draft Directive, the EU Commission is paving the way for a harmonization of material insolvency law within the European Union. This newsletter is intended to provide an initial overview of which areas are to be harmonized under the Draft Directive and especially what changes and impact the introduction of "pre-pack proceedings" would cause on the existing German insolvency law.

    1. Key content of the EU Commission's proposal for a directive on the harmonisation of certain aspects of insolvency law

    Filed under:
    European Union, Germany, Insolvency & Restructuring, Baker McKenzie, Due diligence, European Commission, European Court of Justice
    Authors:
    Joachim Ponseck , Artur Swierczok , Tim Kerim Hosgör LL.B.
    Location:
    European Union, Germany
    Firm:
    Baker McKenzie
    European Commission's proposal for a Directive on the harmonization of certain aspects of Insolvency Law - Pre-Pack Proceedings soon available in Germany?
    2023-01-03

    With its Draft Directive, the EU Commission is paving the way for a harmonization of material insolvency law within the European Union. This newsletter is intended to provide an initial overview of which areas are to be harmonized under the Draft Directive and especially what changes and impact the introduction of "pre-pack proceedings" would cause on the existing German insolvency law.

    1. Key content of the EU Commission's proposal for a directive on the harmonisation of certain aspects of insolvency law

    Filed under:
    European Union, Germany, Insolvency & Restructuring, Baker McKenzie, Due diligence, European Commission, European Court of Justice
    Authors:
    Joachim Ponseck , Artur Swierczok , Tim Kerim Hosgör LL.B.
    Location:
    European Union, Germany
    Firm:
    Baker McKenzie
    European Commission's proposal for a Directive on the harmonization of certain aspects of Insolvency Law - Pre-Pack Proceedings soon available in Germany?
    2023-01-03

    With its Draft Directive, the EU Commission is paving the way for a harmonization of material insolvency law within the European Union. This newsletter is intended to provide an initial overview of which areas are to be harmonized under the Draft Directive and especially what changes and impact the introduction of "pre-pack proceedings" would cause on the existing German insolvency law.

    1. Key content of the EU Commission's proposal for a directive on the harmonisation of certain aspects of insolvency law

    Filed under:
    European Union, Germany, Insolvency & Restructuring, Baker McKenzie, Due diligence, European Commission, European Court of Justice
    Authors:
    Joachim Ponseck , Artur Swierczok , Tim Kerim Hosgör LL.B.
    Location:
    European Union, Germany
    Firm:
    Baker McKenzie
    European Commission's proposal for a Directive on the harmonization of certain aspects of Insolvency Law - Pre-Pack Proceedings soon available in Germany?
    2023-01-03

    With its Draft Directive, the EU Commission is paving the way for a harmonization of material insolvency law within the European Union. This newsletter is intended to provide an initial overview of which areas are to be harmonized under the Draft Directive and especially what changes and impact the introduction of "pre-pack proceedings" would cause on the existing German insolvency law.

    1. Key content of the EU Commission's proposal for a directive on the harmonisation of certain aspects of insolvency law

    Filed under:
    European Union, Germany, Insolvency & Restructuring, Baker McKenzie, Due diligence, European Commission, European Court of Justice
    Authors:
    Joachim Ponseck , Artur Swierczok , Tim Kerim Hosgör LL.B.
    Location:
    European Union, Germany
    Firm:
    Baker McKenzie
    European Commission's proposal for a Directive on the harmonization of certain aspects of Insolvency Law - Pre-Pack Proceedings soon available in Germany?
    2023-01-03

    With its Draft Directive, the EU Commission is paving the way for a harmonization of material insolvency law within the European Union. This newsletter is intended to provide an initial overview of which areas are to be harmonized under the Draft Directive and especially what changes and impact the introduction of "pre-pack proceedings" would cause on the existing German insolvency law.

    1. Key content of the EU Commission's proposal for a directive on the harmonisation of certain aspects of insolvency law

    Filed under:
    European Union, Germany, Insolvency & Restructuring, Baker McKenzie, Due diligence, European Commission, European Court of Justice
    Authors:
    Joachim Ponseck , Artur Swierczok , Tim Kerim Hosgör LL.B.
    Location:
    European Union, Germany
    Firm:
    Baker McKenzie
    European Commission's proposal for a Directive on the harmonization of certain aspects of Insolvency Law - Pre-Pack Proceedings soon available in Germany?
    2023-01-03

    With its Draft Directive, the EU Commission is paving the way for a harmonization of material insolvency law within the European Union. This newsletter is intended to provide an initial overview of which areas are to be harmonized under the Draft Directive and especially what changes and impact the introduction of "pre-pack proceedings" would cause on the existing German insolvency law.

    1. Key content of the EU Commission's proposal for a directive on the harmonisation of certain aspects of insolvency law

    Filed under:
    European Union, Germany, Insolvency & Restructuring, Baker McKenzie, Due diligence, European Commission, European Court of Justice
    Authors:
    Joachim Ponseck , Artur Swierczok , Tim Kerim Hosgör LL.B.
    Location:
    European Union, Germany
    Firm:
    Baker McKenzie
    European Commission's proposal for a Directive on the harmonization of certain aspects of Insolvency Law - Pre-Pack Proceedings soon available in Germany?
    2023-01-03

    With its Draft Directive, the EU Commission is paving the way for a harmonization of material insolvency law within the European Union. This newsletter is intended to provide an initial overview of which areas are to be harmonized under the Draft Directive and especially what changes and impact the introduction of "pre-pack proceedings" would cause on the existing German insolvency law.

    1. Key content of the EU Commission's proposal for a directive on the harmonisation of certain aspects of insolvency law

    Filed under:
    European Union, Germany, Insolvency & Restructuring, Baker McKenzie, Due diligence, European Commission, European Court of Justice
    Authors:
    Joachim Ponseck , Artur Swierczok , Tim Kerim Hosgör LL.B.
    Location:
    European Union, Germany
    Firm:
    Baker McKenzie

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