Restructuring
How to successfully restructure a company
internationally or across borders?
Successful international or cross-border corporate restructuring and reorganization requires careful legal and strategic coordination at several levels. It is crucial to consider national differences in labor, tax, and commercial law early on, comply with employee representative participation rights, and ensure that relocations and personnel transfers are legally compliant. Combining a global approach with local expertise is essential to minimizing risks and ensuring compliance with all regulations.
Our lawyers will advise and support you throughout your international restructuring process.
Summary
How do cross-border insolvency proceedings work?
Insolvency proceedings can raise complex international legal issues if a company operates in several countries or has branches abroad. EU Regulation (EU) 2015/848 governs jurisdiction, recognition of proceedings, and protection of creditors’ rights within the EU.
Our international insolvency law experts assist companies and creditors by coordinating primary and secondary insolvency proceedings, clarifying conflict-of-law rules, and enforcing decisions in multiple countries. Our lawyers develop strategies to successfully implement cross-border restructurings.
What are the obligations for a branch office in another country?
If a company has a branch in another EU member state, secondary insolvency proceedings may be opened there to protect local creditors, but they must be coordinated with the main proceedings.
Our lawyers specializing in insolvency law facilitate communication between procedural bodies in various countries, protect the rights of local creditors, and coordinate proceedings for uniform and efficient restructuring.
Is centralized restructuring possible in the event of the insolvency of international corporations?
Yes. EU Regulation (EU) 2015/848 on insolvency proceedings allows for coordinated group restructuring. It allows processes to be harmonized, conflicts of interest to be avoided, and synergies between domestic and foreign entities to be achieved.
Our lawyers will support you in developing the right strategy, tailored to your company’s registered office, asset distribution, and legal circumstances in each relevant country.
You have any other questions?
Please feel free to ask them directly here.