Review of rescission and liability claims

Overview

An objective and well-founded assessment of whether grounds for insolvency exist is of critical importance in this context. Once illiquidity or over-indebtedness occurs, managing directors may be held personally liable for payments made in breach of their duties. In addition, a delayed filing for insolvency constitutes a criminal offence.

An independent expert assessment of whether grounds for insolvency exist enables corporate bodies to demonstrably fulfil their statutory obligations in crisis situations and to document their decisions in a legally robust manner.

In insolvency proceedings, potential liability and avoidance claims must be assessed objectively and with a strong practical focus.

This requires sound expertise at the intersection of law and business, particularly when assessing existing areas of discretion and judgement. A transparent analysis provides a sound basis for appropriate decisions, facilitates a fair balance of interests among the parties involved and helps avoid time-consuming and costly legal disputes.