Review Filing for Insovency

In a company crisis, it is of paramount importance that a continuous examination is carried out to determine whether the company is ready for insolvency and thus whether it is obliged to file for insolvency. Only through a professional examination can liability risks or even criminal liability of the management be excluded. In addition to the legal regulations, an in-depth knowledge of the relevant BGH case law is important. A distinction must be made between (imminent) insolvency and over-indebtedness. The standards of the Institute of Public Auditors in Germany (IDW S11) are particularly relevant for the methodology of the audit. At Aderhold, we have both the legal and the business know-how to recognise the existence of grounds for filing for insolvency in good time and to reliably advise the management on this.