Insolvency law

Insolvency law is every entrepreneur’s worst nightmare – comparable to planning a legal funeral. If a company can no longer meet its obligations insolvency is often the only practical outcome.

Especially in prosperous times entrepreneurs have to be aware that it may not always be smooth sailing for their company. When making business decisions that have considerable financial impact it is important to keep this in mind. The backfire of a potential future insolvency must be minimised as much as possible. In reality issues like the filing obligation, structuring the administration and taking out Directors’ and Officers’ Liability (D&O) insurance are often not given the required attention until it is almost too late. The same applies to risks of future reversal of legal acts (among other methods via ‘actio pauliana’) and to the liability of directors and supervisory directors.

NELEOS tries to address these issues particularly with companies that are currently not at risk. But even when the curtain has come down professional representation remains essential, because the next phase involves discussions with insolvency trustees or court-appointed administrators. This is also an area where NELEOS can provide important assistance. Preferably in the form of a settlement but, if necessary, by means of a defence before the court as well.