Reform or Relocate

The work examines the use of the English Part 26A Restructuring Plan by German companies. Despite the introduction of a German restructuring framework, the StaRUG, companies with complex financing structures partly continue to relocate their restructuring to London. The study clarifies the legal prerequisites of this forum shopping and analyses the remaining possibilities for legal recognition in Germany following the United Kingdom's withdrawal from the European Union. Finally, the findings of the comparative analysis are synthesised into a bespoke legislative proposal, offering legal certainty for both scholars and practitioners.