Custodian as guarantor for a sustainable going concern

DEBTOR-IN-POSSESSION PROCEEDINGS REQUIRE AN INDEPENDANT CONSULTANT AND CUSTODIAN

The recent modernisation of insolvency law focuses on facilitating corporate restructuring. In practice, self-administration with a special form of protective shield proceedings is becoming increasingly important as a reorganisation instrument. In such cases, the court appoints a so-called custodian instead of an insolvency administrator, who accompanies and monitors the management of the company. The custodian also draws up or helps to draw up the insolvency plan. Our experts have often successfully fulfilled this role of custodian.

In line with our self-image as active reorganisers, we focus on the continuation of the company, taking particular account of the interests of creditors and employees.

What you need to know about custodians:

  • Special characteristics of the insolvency administrator's role in self-administration
     
  • Custodian acts as an independent agent and ensures constructive and orderly cooperation between all parties involved
  • Assessment of the economic situation of the debtor
     
  • Advising the management
     
  • Monitoring the management of the company & cash management in the interests of the creditors
     
  • Preparation of a reorganisation concept including short and medium-term liquidity, earnings and personnel plans
  • The management stays widely in control of the business operations and continues to be a trusted point of contact for creditors, employees and the public
     
  • Full capacity of the management for the operational business
     
  • Thanks to our expertise from over 50 years of experience as insolvency administrators, we also know exactly when, where, how and by what means to intervene as custodians
     
  • Transparency of the proceedings and protection of creditors' interests thanks to our independence
     
  • With our expertise from over 50 years of experience as insolvency administrators, we also know exactly when, where, how and by what means to intervene as custodians.

With our expertise from over 50 years of experience as insolvency administrators, we also know exactly when, where, how and by what means to intervene as custodians.

Examples of our successful work as custodians:

Selected references

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