{"id":40058,"date":"2025-06-24T12:45:00","date_gmt":"2025-06-24T10:45:00","guid":{"rendered":"https:\/\/krwpg.de\/2025\/06\/24\/obligation-to-file-for-insolvency-what-managing-directors-and-board-members-need-to-be-aware-of-now\/"},"modified":"2025-08-14T18:25:37","modified_gmt":"2025-08-14T16:25:37","slug":"obligation-to-file-for-insolvency-what-managing-directors-and-board-members-need-to-be-aware-of-now","status":"publish","type":"post","link":"https:\/\/krwpg.de\/en\/2025\/06\/24\/obligation-to-file-for-insolvency-what-managing-directors-and-board-members-need-to-be-aware-of-now\/","title":{"rendered":"Obligation to file for insolvency – what managing directors and board members need to be aware of now"},"content":{"rendered":"\n
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Reinhardt \u2013 Wirtschaftspr\u00fcfung | Steuerberatung<\/p>

Obligation to file for insolvency – what managing directors and board members need to be aware of now<\/h2>\n\n\n\n

Insolvency is rarely a sudden event. It is usually the final stage of a longer-lasting corporate crisis. The classic progression ranges from a loss of confidence among stakeholders to strategy and sales crises to an acute liquidity crisis. At the latest when a company enters an “advanced crisis” – i.e. a performance crisis or even a liquidity crisis – the utmost attention is required. <\/p>\n\n\n\n

The obligation to file for insolvency: no room for discretion<\/h2>\n\n\n\n

According to Section 15a InsO, legal representatives of insolvent companies (e.g. GmbH, AG, GmbH & Co. KG) must file for insolvency immediately – but at the latest within three or six weeks – in the event of insolvency or over-indebtedness. Simply hoping for better times is not enough: Only those who demonstrably initiate concrete restructuring measures may exhaust the deadline. <\/p>\n\n\n\n

Insolvency or just payment stagnation?<\/h2>\n\n\n\n

Insolvency occurs when a company is no longer in a position to meet its payment obligations as they fall due. The decisive factor here is whether this gap can be closed within three weeks with a high degree of probability. If this cannot be ensured, there is a risk of liability – up to and including criminal liability for delaying insolvency. <\/p>\n\n\n\n

Over-indebtedness is not purely a balance sheet issue<\/h2>\n\n\n\n

In addition to insolvency, over-indebtedness is also a reason for insolvency – particularly in the case of legal entities. In a two-stage procedure, a prognosis of continued existence must first be drawn up. Only if this is negative is an over-indebtedness status to be drawn up. A positive forecast (overwhelming probability of solvency) therefore protects against the obligation to file for insolvency – but requires sound planning and reliable data. <\/p>\n\n\n\n

What we can do for you<\/h2>\n\n\n\n

We support you in analyzing your liquidity, prepare well-founded going concern forecasts and help you assess your application obligations. We also assist you in communicating with courts, creditors and investors – so that a crisis does not turn into a liability case. <\/p>\n\n\n\n

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