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A Deed of Company Arrangement is a legally binding agreement in German insolvency law that helps struggling companies avoid liquidation. It maps out how a business will restructure its debts and operations while working with creditors to stay afloat. Think of it as a rescue plan that gives companies breathing room to recover.

Under German insolvency rules, this arrangement lets businesses keep trading while they sort out their finances. It typically includes specific payment schedules for creditors, changes to management, and clear targets for getting back on track. The deed must be approved by both creditors and the insolvency court to take effect and becomes enforceable under the Insolvenzordnung (German Insolvency Code).

Consider a Deed of Company Arrangement when your German business faces serious financial difficulties but still has potential for recovery. It's particularly valuable when you need to negotiate with multiple creditors and maintain business operations during restructuring. This solution works best if your company can demonstrate a viable path to profitability despite current challenges.

The arrangement becomes crucial when traditional debt negotiations aren't enough, but full insolvency would be too drastic. Common triggers include mounting supplier debts, declining revenues, or cash flow problems that threaten daily operations. Moving quickly to implement this deed often preserves more options for recovery and helps maintain relationships with key stakeholders under German insolvency laws.

• Basic Restructuring Deed: Focuses on debt repayment schedules and basic operational changes, commonly used by small to medium enterprises
• Comprehensive Turnaround Deed: Includes detailed business transformation plans, management changes, and complex creditor arrangements
• Asset Protection Deed: Emphasizes preserving key business assets while restructuring operations under German insolvency law
• Creditor-Focused Deed: Specifically structured to handle multiple creditor classes with different payment priorities and terms
• Industry-Specific Deed: Tailored arrangements for sectors like manufacturing or retail, addressing unique operational challenges

• Company Directors: Initiate and oversee the arrangement process, remain responsible for day-to-day operations during restructuring
• Insolvency Administrators: Draft and manage the deed, ensure compliance with German insolvency laws, and coordinate between parties
• Creditors: Review and vote on the arrangement, become bound by its terms once approved, receive payments according to agreed schedules
• Legal Counsel: Advise on deed structure, ensure compliance with Insolvenzordnung requirements, represent various parties' interests
• Court Officials: Review and approve the arrangement, oversee its implementation, resolve disputes between parties

• Financial Assessment: Gather detailed company financial statements, debt schedules, and cash flow projections
• Creditor Information: Compile a complete list of creditors, amounts owed, and security arrangements
• Business Plan: Develop a realistic turnaround strategy showing how the company will recover
• Asset Inventory: Document all company assets, their current value, and any existing encumbrances
• Legal Requirements: Ensure compliance with German insolvency laws and court filing procedures
• Documentation Review: Use our platform to generate a legally sound arrangement that includes all mandatory elements

• Party Details: Full legal names and addresses of the company, administrator, and all creditors
• Financial Terms: Detailed payment schedules, debt restructuring plans, and creditor priorities
• Implementation Timeline: Clear deadlines for key actions and payment milestones
• Operational Changes: Specific business restructuring measures and management modifications
• Creditor Rights: Voting mechanisms and dispute resolution procedures
• Legal Framework: References to relevant sections of the Insolvenzordnung
• Termination Provisions: Conditions for deed completion or default scenarios

A Deed of Company Arrangement differs significantly from an Intercompany Agreement in both purpose and legal context under German law. While both documents manage business relationships, they serve distinct functions in corporate governance.

• Purpose and Timing: A Deed of Company Arrangement is used during financial distress for debt restructuring, while Intercompany Agreements govern ongoing relationships between affiliated companies during normal operations
• Legal Framework: Company Arrangements fall under insolvency law (Insolvenzordnung), whereas Intercompany Agreements operate within standard corporate law
• Parties Involved: Company Arrangements include creditors and insolvency administrators, while Intercompany Agreements typically only involve related corporate entities
• Enforcement Mechanism: Company Arrangements require court approval and oversight, but Intercompany Agreements are privately enforced between parties