Umwandlungen im Insolvenzplanverfahren

Measures under the German Transformation Act can be used, e.g., to transfer favorable contracts of insolvent companies or to adapt their corporate structure for investors. In insolvency plan proceedings, neither the consent of the shareholders nor that of the contractual partners is required for this. In addition to examining basics, advantages and disadvantages, insolvency-related particularities and liability issues, the author also presents the process of a transformation in insolvency plan proceedings, using the example of the spin-off of parts of a company that are worth continuing. In an excursus, he argues that the insolvency administrator can also carry out spin-offs without plan proceedings and the consent of the shareholders.