Avoiding insolvency through liquidation proceedings

As lawyers specialising in commercial law, we also advise you on liquidation, i.e. the orderly dissolution and winding up of your company. There can be many reasons for such a strategic decision:

The most common reason for liquidation is the financial crisis of a company and the desire of the management to avoid liability, which often results from an insolvency application. Wecheck for you whether an insolvency application can be avoided and whether liquidation is a possibility. The initiation of liquidation proceedings with an existing obligation to file for insolvency brings considerable liability risks for the managing director. We offer you an orderly liquidation within the legal framework and strongly advise against “company funerals” and comparable dubious liquidation methods. These can result in considerable consequences under criminal law. We will stand by you in the crisis and help you to make ideal use of the legal framework without violating it or going down dubious paths.

Other reasons for a liquidation can be a lack of a succession solution, illness or death of the managing director and main shareholder, loss of the business model, a dispute among shareholders or even a ban on trading. All these events can lead to a strategic crisis, in which, for reasons of liability alone, haste is often required and the right course of action must be chosen. No matter for what reason you are considering a liquidation, whether it is planned for the long term or caused by a crisis – we will support you in initiating and carrying out the liquidation procedure and provide advice.

Liquidation for all types of companies

A liquidation or alternatively a winding up is possible for all types of companies. Often affected are corporations such as GmbHs, the small GmbH (UG [limited liability]) or also stock corporations. The liquidation of such companies requires numerous formalities which must be observed. We help you with the implementation. However, an orderly liquidation also applies to all other forms of companies such as private corporations, ordinary parterships (offene Handelsgesellschaft – oHG), or limited commercial partnerships (GmbH & Co. KG) and of course also for sole proprietorships. As an experienced advisors to companies in all situations, we will also help you to design a new business model after the liquidation to make a new start easier for you.

We also support you in the transfer of English companies (Limited) to Germany. Avoid negative effects of Brexit on your company!

Please feel free to call us without obligation, we will advise you on the right steps for you together with you. With our experience we can help you to develop and implement the right strategy.

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