Die Gestaltung gruppeninterner Drittsicherheiten im Insolvenz- und Restrukturierungsplan

This publication examines the instrument introduced by the SanInsFoG in 2021 for the alteration of intra-group third-party collateral in the restructuring and insolvency of corporate groups. The legislator's aim was to facilitate the restructuring of corporate groups and strengthen their chances of continuing as a going concern. One focus of the publication is the compensation obligation of third-party collateral holders, whose requirements, scope, and structure are analyzed in detail. On this basis, the publication develops proposals for adjustments to ensure greater legal certainty in the practical application of the instrument. Comparative legal perspectives are also included.