Gesellschafter- und Gläubigerinteressen in der Vorinsolvenz

Are managing directors required to obtain the approval of the shareholders’ meeting to initiate StaRUG proceedings? Against the backdrop of the tension between shareholders’ influence over the limited liability company (GmbH), their liability, and the interests of creditors during the pre-insolvency period, Rebecca Schäfer addresses this and other questions. She conducts a legal analysis to examine the extent to which current law provides opportunities for incorporating creditors’ interests in the run-up to insolvency proceedings. She also identifies criteria (‘tipping points’) that can be used to determine whether the legal interests of the shareholders or those of the creditors prevail during the pre-insolvency period.