Practical relevance of the new Restructuring Act?
The pandemic brings challenges not only for the body and mind, but also for the economic stability and liquidity of companies.
Lockdowns and other measures put a strain on business models and the labor market and require changes in corporate strategies. For many companies, they lead to crisis-like conditions, raising the question of whether the existing “tools” offered by insolvency and restructuring law are sufficient.
In implementation of the European Restructuring Directive, the Austrian legislator passed the Restructuring and Insolvency Directive Implementation Act (RIRUG), which is retroactive to July 17th, 2021. It essentially involves insolvency-related restructuring proceedings under judicial control.
Since “predecessor provisions” such as the “Preliminary Proceedings” introduced in 1982 and the Business Reorganization Act passed in 1997 failed in practice, the question arises as to what extent the new Restructuring Act is of practical relevance.
Thomas Kurz gave a lecture on this topic at the “Accounting Law Symposium 2021” organized by the Institute of Corporate Accounting and Auditing (Univ.-Prof. Dr. Roman Rohatschek) and the Institute of Business Taxation (Univ.-Prof. Dr. Michael Tumpel) at the Johannes Kepler University Linz.
This article is for general information only and does not replace legal advice. Haslinger / Nagele Rechtsanwälte GmbH assumes no liability for the content and correctness of this article.
6. December 2021
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