Law to further facilitate the restructuring of companies
| Basic data | |
|---|---|
| Title: | Law to further facilitate the restructuring of companies |
| Abbreviation: | ESUG (not official) |
| Type: | Federal law |
| Scope: | Federal Republic of Germany |
| Legal matter: | Bankruptcy law |
| Issued on: | 7 December 2011 ( Federal Law Gazette I p. 2582 , ber.p. 2800 ) |
| Entry into force on: | March 1, 2012 (Articles 1–3, 6, 9) , January 1, 2013 (Articles 4, 5, 7, 8) |
| GESTA : | C078 |
| Please note the note on the applicable legal version. | |
The law of December 7, 2011 to further facilitate the restructuring of companies is part of the reform projects of German insolvency law that are partially laid down in the coalition agreement . It is the economic conditions for the rehabilitation of distressed companies improve.
The law was promulgated on December 13, 2011 in the Federal Law Gazette. Changes to the Insolvency Code (Art. 1), the Remuneration Ordinance under Insolvency Law (Art. 2), the Introductory Act to the Insolvency Code (Art. 3), the Foreclosure Auction and Administration Act (Art. 6) and the Banking Act (Art. 9) have occurred in force on March 1, 2012. Changes to the Courts Constitution Act (Art. 4), the Introductory Act to the Courts Constitution Act (Art. 8), the Rechtspfleger Act (Art. 5) and the newly introduced Insolvency Statistics Act (InStatG) in Article 7 come into force on January 1, 2013.
The aim of the law is to facilitate the reorganization of companies by giving creditors a stronger influence on the selection of the insolvency administrator , by simplifying access to self-administration , by expanding and streamlining the insolvency plan procedure and by concentrating the jurisdiction of the insolvency courts.
An evaluation of the law started in 2017. The research project accompanying the evaluation was completed on April 30, 2018. The report was made available to the commissioning Federal Ministry of Justice, which made it available online and forwarded it to the Bundestag and Bundesrat .
literature
- Hans Haarmeyer, Robert Buchalik: Restructuring instead of liquidating. New possibilities of restructuring through insolvency according to ESUG . 1st edition, NWB Verlag, Herne 2012, ISBN 9783482640414 .
- Bernhard Schellberg: Increased demands on lenders. The new bankruptcy law . In: the bank . 51. Vol. 5, 2012, pp. 36-39 (online) .
Web links
- Text of the law
- Link to the evaluation (research project on behalf of the BMJV )
Individual evidence
- ↑ Federal Minister of Justice plans to change insolvency law: Strengthening companies vis-à-vis insolvency administrators . In: INSOLVENCY NEWS & ADVICE . March 18, 2010 ( insolvenz-news.de [accessed November 29, 2016]).
- ↑ Bankruptcy and restructuring. Faculty of Law, Bielefeld University, accessed on January 2, 2019 .
- ↑ BMJV | Article | Evaluation of the law to further facilitate the restructuring of companies (ESUG). Retrieved January 2, 2019 .
