Die Stellung des Anteilseigners im Rahmen der vorinsolvenzlichen Restrukturierung

In times of crisis, shareholders are often requested to participate in the pre-insolvency restructuring process, which they are not always willing or able to do. In these cases, numerous controversial questions arise about the possibility and depth of interference with the rights of shareholders. While German legislation so far has made no provision whatsoever for pre-insolvency restructuring of companies, a European directive now obliges them to act. Whether, and to what extent, a pre-insolvency restructuring regime should also include the rights of shareholders is examined in this volume, after providing an analysis of the legal situation in Germany to date.